Tuesday, May 20, 2008
1.8 Million Award Approved
UPDATE 05/20/08: Daniel Decembre will receive $1.8 million dollars from the Orange County School Board after being severely mauled by a pit bull-mix near a school playground. Daniel still has much recovery ahead of him. DogsBite.org sends our wishes and prayers to Daniel, his family and all who have helped him on this long journey.
04/24/08: Daniel Decembre is One Step Closer to Relief
In a case that practically defies legal possibility, Daniel's case passed the House of Representatives’ Schools & Learning Council by a vote of 16-0. The unanimous vote brings his settlement one step closer to reality. The bill now must pass the full House and gain the governor's approval. Opposition is anticipated. (View rational of lawsuit.)
04/18/08: Daniel Decembre Awaits Florida House Ruling
Orlando, FL - The Orange County School Board was ordered by the Florida Senate to pay $1.8 million to the parents of a boy badly mauled by a dog at Ridgewood Elementary School in 2003. Daniel Decembre was severely injured as an 8-year-old while on school grounds. The measure still has to pass the House.
On the day of the attack, Daniel was waiting to start a tutoring class when a 50-pound, pit bull-Labrador mix named Solomon raced onto the school playground and attacked Daniel. Before teachers and passersbys could pull the dog off the child, Daniel was badly bitten on the eyelids, cheeks and chin. He lost much of his right ear and later had to have his left ear amputated.
Daniel has undergone several surgeries since the attack, fell a year behind in school, and suffers lasting psychological trauma, according to Senate analysts. Records showed that Ridgewood Park officials had called animal control officials 19 times in the preceding three years to have dogs removed from the school grounds, although none of the complaints involved dog bites.
The family sued the school board in 2005. The board denied negligence but reached a $2 million settlement with the family. Under the state's "sovereign immunity" law, damage awards against governments are limited to $200,000 and the family must win legislative approval to collect the larger award. The measure still must clear the Florida House.
Daniel's family said the boy was dropped from its insurance plan shortly after the attack. Since then, medical bills have reached into "the six-figure range." Daniel's parents will use the money to pay these bills and for more surgery. A large mass of scar tissue on his right ear needs to be removed. He also will need skin grafts to remove scars and surgery to prepare the left side of his head for a prosthetic ear.
Additional Case Background - Reeves Law Group
| 4/17/2008 7:07 AM |
Last year NY city was liable for a $5 Million judgement when one of it's police officers picked up a stray pit off the streets and gave it to a family. The subsequently mauled one of the kids and the city was on the hook.
I don't understand why the liability doesn't extend to breeders or agencies that adopt out the dogs.
| 4/17/2008 8:46 AM |
I would also like to add that I feel this is a form of child abuse; owners of dangerous dogs who, time and again, let them run loose...especially in a neighborhood full of kids.....are no better than pedophiles. These people are deliberately putting children in harms way. If you drove drunk and ran over a child with your car, you would end up in prison. But it's OK to get a pit bull and let it run loose and maul or kill a neighborhood child? It doesn't make any sense. People who own these dogs need to be in prison.
There is no real incentive NOT to own these dogs...nothing happens to the owners when the dogs maul or kill. Society and the victims keep picking up the tab, the owners slink away, and the breeders keep making money. It's a system that needs to be fixed.
| 4/18/2008 6:31 AM |
The net costs of Pit Bulls to communities keeps adding up, six figure maulings, crowding the shelters, killing dogs/livestock and now judgements....
They do however, provide valuable marksmanship practice for law enforcement.
| 4/18/2008 5:17 PM |
Police marksmanship practice is right! In an older thread about the police gun range in Oceanside, one area resident complained, "The police don't go for accuracy. They just pump as many bullets as they can into whatever they shoot at. Take a certain pitbull that got shot in the foot yesterday. Couldn't even shoot that right."
Clearly, people want pit bulls shot properly, but I'd have to argue this person has never tried to hit a moving pit bull with a side arm. Some departments lack a standard pit bull protocol, but more and more officers will go 10-97 and emerge with a shotgun. That's evidence of good training and/or experience.
| 4/25/2008 3:46 PM |
Do we know what happened to the owner of this dog? Were their ANY consequences at all? Drunk drivers are put in prison for hurting people, even if the intention was not there. If you want to own a pit or pit mix, you are already consciously making a decision to keep a breed of dog that can pose a danger to your neighbors. When you subsequently don't contain the dog, you have acted consciously to put your neighbors at risk.
Therefore, criminal penalties should be brought against anyone whose dog makes an unprovoked attack on a person, if the dog is of a breed known to guard or fight, regardless of the dogs previous behavior. "Intent" can be proven by the decision to own that breed.
| 4/25/2008 4:38 PM |
We Know This Much: Click Here
Owners Clyde and Gloria Salle said Solomon bolted from the house through the front door. Usually, the dog is chained in the backyard, Clyde Salle said.
Clyde Salle said the dog has never bitten anyone in his family. “I don’t know how to tell Daniel’s dad and mom I’m sorry,” he said. “I would never have intentionally left that dog out. It was an accident.”
An archive search will need to be done for more.
| 11/13/2008 10:05 PM |
The reason I am writing is because I actually have a situation that I have no Idea how to handle. I am a 27 year old native Floridean and have endured an ever long and lasting court battle. The situation is I was a Realtor in Volusia County florida and was out previewing property for a client of mine. At the time of the incident, I was by myself walking a piece of vacant land for my clients when I was mulled by 1 pure breed pitbull, 1 rotweiler and 4 other mixed breed pit bulls. (totaling 6 dogs) I was luckily saved by two men that were passing by in the midst of the attack and was rushed to the hospital by EVAC with abrasions to my right leg, buttox, left arm, back and head. This incident occurred on December the 11, 2007. After animal control was able to sieze the 6 dogs and find the owner who there in had more than 20 mixed breed and pure breed dogs on his property I filed a civil case against him to recollect for the medical bills that were endured from the attack. We made it to our first court date in February and he was fined on each occurrence for failure to restrain, vaccinate and others it was about 16 citations total. Volusia County collected their money but the day prior to our deposition in April the man filed bankruptcy. Obviously that put me at a stay with my civil suit and therein I had to hire a bankruptcy attorney to try and get relif from the stay. Throughout this battle, I have been to not only the Sheriffs department to collect not only one police report, but two as well as other documents from the courts public records about this man and wife with regards to their history. I have found about 11 total cases for failure to restrain, dogs attacking livestock and killing these animals as well as livestock at large dating from 1994 to recent. The answer I get from animal control is that he is allowed to have as many dogs as he would like to have because he is on agriculturally zoned property. He doesn't have to have home owners insurance because he owns his property out right but when you drive a vehicle on the road you are legally required to have automotive insurance right? What's the difference? I wasn't on his property and his dogs weren't on his property they were roaming free and clear of his property so why not have insurance when you have dangerous breeds of dogs? So Legally he has the right to abade this suit because he filed bankruptcy. I understand that this happens every day but I was not allowed to continue with my case and I thought in America that you were allowed to have a trial? I thought that the US constution was in line to help uphold americans rights. I am beginning to feel that this will never be fully put to rest for me and it's not about the money factor as it is that I have a 3 year old child at which at the time of the incident was 2 years of age. I almost had him with me that day. I turned around to go and pick him up from school because I couldn't find the property and was going to go back and search for the property with him as we had done previously. I found the property luckily but imagine having 6 dogs attacking you ripping your clothes off as you are running down a highway trying to evade them. At the time of the attack it was 4:30 PM and the kids were getting ready to get off the bus in that area. The police officer that came to the site was attacked by the dogs, imagine if this reoccurs it could be much worse the 12th time around and so the court will do what? Dismiss him again after they collect their fees of course. I recieved word from my attorney on November the 10th that the middle district bankruptcy court allowed him to recieve his bankruptcy with me included because according to the chapter 7 guidelines it has to be considered "malicious Intent." They didn't even here the rest of my case that this has been an ongoing situation for this man and his 11 instances. I would consider that malicious intent if you knew that you had prior problems with these animals and you chose not to deal with it that in my eyes is malicious. Corrent me if I am wrong please. I need help, guidance, something. Because of the attack, I have since found out I have bulging discs in my back L4 & L5 and they are hitting a nerve which is causing problems in my leg and upper back, I quit selling Real estate full time and at the time after quit all together and have since gotten back in part time effective June 2008. I just don't want this to happen again and I have written Ric Keller, Andy Kelly and many other Florida voted in congressman, senators and representatives. Nobody will help to try and change laws. It just seems to me that criminals get away with more than victims get help. Please help.....I want to stop this non sense and change the way our laws are read. Where is our justice system and where does it really prevail?
| 11/13/2008 10:23 PM |
Mary, please join the DogsBite.org discussion group and share your story there. You might find good help!
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