CSK Obtains Summary Judgment in Dog Bite Case

Benjamin M. Esco and Giancarlo V. Nicolosi of Cole, Scott & Kissane’s Miami office obtained a summary judgment in this dog bite/premises liability case.

The Plaintiff filed suit against our clients for negligence alleging they owned, controlled, and possessed a Great Dane dog, which attacked the Plaintiff.  Our client was the owner of the home that was being rented out to the tenant/Co-Defendant, who owned the subject dog.  Defense counsel argued that our clients were not liable for alleged injuries as our clients were not the owners of the subject dog under Fla. Stat. §767.04 and did not have control or dominion over the subject dog.  In addition defense counsel argued that our clients did not have knowledge of the subject dog’s propensity for viciousness.  The court agreed and granted our motion for summary judgment.  Finally, as a result of timely filing a proposal for settlement, we are entitled to recovery of our attorney’s fees and costs.

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