Legal Question in Personal Injury in Florida

May dad is 85 yrs young with dementia. Like a chiuld he cionstantly calls 911 for no reason. One day he called 911 the only one home with him was my pit bull. I had locked ALL the doors but the patio. The police came thru my backyard asked my dad if it was ok for them to come in. Aware the dog was in the house he said yes. The female officier came in no problem. He bit the male officier. I was NOT home. I can only assume the officier most have threatened my dog in some way. My dad wanted to be moved from the bed to his chair. He cannot walk. The paramedics were not called. I rec'd a letter stating I am liable. The officiers entered my residence on their own, authorizsed by someone with dementia. Why cant my dog protect his home inside the house. They were trespassing.. The officier received minor injuries. When I got home the first thing I asked was, what are you doing in my house? Am I liable? My dog has all his shots and is registered.


Asked on 10/25/10, 4:02 am

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

Workers' compensation should cover all the medical bills and 2/3 of any lost wages for the police officer.

767.01Dog 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 s. 585.01.

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Answered on 10/30/10, 7:43 am
Shelly Schellenberg MI & FL private practice

Yes, you are liable.

First, You need to put your father into a care facilty that can keep an eye on him and not leave him alone. Until then, post a large notice on every door that states that your father has dementia, and that you have a pit bull that bites, inside the home. This way, folks entering your property will be forewarned of the dangers.

As for the officer, when you place someone (your father) in peril (by leaving your demented non-ambulatory father alone, guarded by a pit bull that bites), this invites rescue. When a rescuer is injured attempting to provide aid (the officer), the person who caused the peril (you) is/are liable for the injury sustained by the rescuer.

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Answered on 10/30/10, 7:48 am


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