On December 4, 2021, Rose, a 7-year-old girl was entering a restaurant in the Florida Keys with her mom and dad. Upon entry to the restaurant, a Belgian Malinois, a large aggressive dog, completely unprovoked attacked, young Rose. The Belgian Malinois was used by SEAL Team 6 raid on terrorist leader Osama Bin Laden’s compound in 2011.
Rose was airlifted to Miami from the Florida Keys to Miami Children’s Hospital, where she underwent surgery for the dog bite. Fortunately, the dog bite was not on her face but on her right arm for which she underwent surgery and may need plastic surgery in the future. Despite the vicious attack, Rose had an excellent recovery. The medical bills were paid by health insurance with a lien that needed to be repaid back with the settlement proceeds as is always the case.
The issue became who was liable for this attack. Of course, the dog owners have an absolute liability for their animal pursuant to Florida Statutes and Florida Law. However, unfortunately, as is often the case, the dog owners had no insurance coverage. Despite the fact that there was no coverage, the dog owners were responsible folks and entered into negotiations post-mediation to resolve the matter.
Under the guidance of Attorney Brett Panter, a claim was brought against the restaurant owner for what is referred to as common-law liability. This was a hotly contested issue, the defense denied all liability and claimed that the dog owners were completely responsible for this horrible attack.
Despite their protestations, the restaurant owner’s insurance carrier ultimately agreed to pay to resolve this claim.
There was only a de minimis offer at the mediation of this matter. With continued negotiations after mediation, the claim was ultimately settled between all parties for a confidential amount.
A guardianship will be set up for young Rose and her settlement proceeds will be protected and invested for her future college and educational expenses.
