Other Negligence
Two areas of the law that Samole, Berger & Hicks, P.A., concentrates in are Nursing Home Negligence and Slip and Fall Litigation. Nursing Home Negligence: In Florida, one of our greatest societal problems is the abuse of our elderly. The Florida Legislature, recognizing the problem, has enacted laws which make it possible for abused or neglected elderly persons to bring an action against their nursing homes. The Nursing Home Residents' Bill of Rights in Chapter 400 of the Florida Statutes*, provides that each resident in a nursing home has the right to the following:
If someone you know has had any of these rights violated, contact Samole, Berger & Hicks, P.A., so that we may take action immediately. Slip and Fall:    One of the most common types of cases that comes into the firm occurs when a person slips or trips and falls due to a dangerous condition. In order to recover under such a scenario, a person must prove that the owner of the premises had actual or constructive notice of the dangerous condition which caused the injury. In other words, the injured party must prove that the owner or operator of the premises had to either know of the dangerous condition, or should have known of the dangerous condition through the use of ordinary care. One of the most effective ways to prove that an owner or operator had constructive knowledge of a dangerous condition is to show that the condition had been present for such a long period of time that through the use of ordinary care, the owner should have recognized the condition and either remedied it prior to the injury or provided the injured party with a warning about the dangerous condition.
If you are injured in a slip and fall, the most important thing you can do is obtain pictures of the dangerous condition. If you do not obtain photos of the condition shortly after the incident, there is a strong likelihood that the owner will remedy the condition and proof of its dangerous qualities will be very difficult. ANIMAL AND DOG BITES: Every year, millions of Americans are bitten by animals. In many cases, a person bitten by an animal may have a legal right to recover damages from the animal's owner or another responsible party. If you have been injured by an animal bite, contact an attorney to determine your rights. A personal injury lawyer experienced in animal bite litigation can help you learn what your rights are.
   
If You are Bitten by an Animal The first thing you should do if you are bitten by an animal is to seek medical attention immediately. If you are not treated, an animal bite can cause serious injury or death. Once you have been medically evaluated, you should also consider consulting with a lawyer experienced in animal bite cases. An attorney will be able to tell you whether you have a legal claim, and what damages you may be able to recover. An attorney will ask you for detailed information about the circumstances surrounding your animal bite. At a minimum, you should provide the name and phone number of the animal's owner. If you don't have this information, a neighbor or a witness might be able to provide it to you. Also, if there were witnesses, you should get their names and contact information as well. Owner Liability for Animal Bites If an animal bites you, the first thing to determine is who is the owner of the animal? In most states, the owner of an animal can be held liable for the injuries it inflicts, provided that the owner knew (or had reason to know) that the animal had "dangerous propensities". In other words, if an animal owner knows that his or her animal is dangerous and could cause injury to a person, the animal owner can be held liable for the animal's harmful actions. Determining whether an owner knew of an animal's "dangerous propensities" can be difficult. The first question that often arises in making this determination is whether the owner needs to know of the particular animal's potential for harm, or whether the owner only needs to know that type of animal is potentially harmful. For example, when a person has a pit bull as a pet, does that mean the owner knows or should know the pet will be harmful just because, in general, pit bulls can be harmful?
Most courts have ruled that an animal owner is responsible for knowing both the particular and general potential for his animal to cause harm. Thus, even if a pit bull owner had never seen his pet act viciously, he might still be held responsible for an attack by the dog because of the propensity of pit bulls in general to be aggressive animals. In such a situation, the owner is said to have "constructive notice" of the animal's vicious propensities.
Additionally, sometimes an animal's vicious propensity may be inferred from the circumstances of the attack. For instance, if a trained guarddog attacks someone, a judge or court could infer that the owner knew or should have known the dog would attack someone who entered the area the dog was guarding.
Some states impose what is known as "strict liability" upon animal owners whose animals bite or attack others. Under the theory of strict liability, an owner is legally responsible (liable) for an animal bite, regardless of whether the owner did anything wrong with respect to protecting others from attack. Under this theory, even if the owner had no reason to know that his or her animal was dangerous, if the animal bit someone, the owner would still be liable. In Florida, a dog bite victim has several legal grounds to recover damages: common law liability or "scienter", the dog bite statute, negligence, negligence per se, and intentional injury.
The dog bite statute, which imposes strict liability upon dog owners for a bite that causes injury to a human being, is as follows: 767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog". The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.Dog owners also are liable for damage inflicted upon other dogs, on cats or any other "domestic animal." 767.01 Dog owner's liability for damages to persons, domestic animals, or livestock.--Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of "domestic animal" and "livestock" as provided by section 585.01.The Florida definition of "domestic animal" is as follows:
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