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FLORIDA RECORD

Thursday, September 19, 2024

Maintenance Worker Sues Homeowner Over Dog Bite Incident

State Court
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A routine maintenance job turned into a nightmare when a worker was bitten by a dog, leading to a legal battle over negligence and liability. On August 9, 2024, Callie Harris filed a complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, against Zachary Feinsilver.

According to the court documents, Harris alleges that on January 9, 2024, she was lawfully present at Feinsilver's property in Delray Beach to clean up after his dog. Despite assurances that the dog would be kept inside during her work, Feinsilver allegedly released the dog named Zeke into the yard before Harris had completed her task. The complaint states that Zeke became aggressive and prevented Harris from leaving the property. As she attempted to calm the dog by petting it, Zeke bit her finger, causing significant injuries.

Harris's lawsuit includes two counts: strict liability pursuant to Florida Statute § 767.04 and negligence. She argues that Feinsilver is strictly liable for her injuries because he owned the dog and failed to restrain it despite knowing its aggressive tendencies. "Defendant did not have a 'Bad Dog' sign posted," notes the complaint, emphasizing Feinsilver's failure to warn of potential danger.

The plaintiff also accuses Feinsilver of negligence for failing to exercise reasonable care in preventing foreseeable injuries caused by his dog. "Defendant’s negligence was the proximate cause of the injuries to the Plaintiff," states Harris's filing. She claims damages including bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses, and loss of earnings.

Harris seeks judgment against Feinsilver in excess of $50,000 plus costs and demands a jury trial on all triable issues.

The case is being handled by Arvid J. Peterson II from the Law Offices of Arvid J. Peterson II in Boca Raton. The case ID is 502024CA007543XXXAMB Div: AK.

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