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ARTICLE ID 155531

$________ GROSS Dog bite - Six-year-old plaintiff bitten by marina guard dog Two plastic surgery procedures performed - Failure to warn.

Broward

The minor plaintiff was visiting the defendant’s marina with his parents when he was bitten in the face by a guard dog. The defendants included the marina and its principal who owned the dog. The defendants argued that the minor plaintiff’s parents failed to adequately supervise the boy and keep him away from the guard dog.

Testimony established that the defendant’s dog, a Labrador/Great Dane mix, was not chained nor confined at the defendant’s marina. The minor plaintiff bent down to pet the defendant’s dog and the dog bit him in the mouth. The boy required 11 stitches to his mouth and had to have the wound re-sutured twice.

The plaintiff claimed that the defendant was negligent in allowing the dog to roam free and in failing to post warning signs or otherwise warn that it was dangerous. The defendant argued that the plaintiff parents failed to supervise their son and were responsible for the accident.

The jury found the defendant dog owner 15% negligent, the defendant marina 60% negligent, the plaintiff parents 20% negligent and the minor plaintiff five percent comparatively negligent. The plaintiff was awarded $________ in damages, reduced to a net award of $________. The plaintiff filed a proposal for settlement in the amount of $________. The defendant filed a proposal for settlement in the amount of $________.

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