French Montana Owes $400,000 To Victim Of Dog Bite Attack
French Montana could end up paying $400,000 to the victim of a dog bite attack. The victim, a landscaper, claims that Montana’s dog, a Tibetan mastiff “viciously” mauled him. The plaintiff, Jason Leyva, won the suit as a default judgment. That means that Montana never showed up to defend himself from the suit. Montana is now attempting to convince the court to forgive him for not showing up for the initial proceedings.
Montana contends that he already settled the matter with the plaintiff out of court. He further claims that he was never served by the plaintiff in person. Initially, it looked as if the California court would side with Montana, but the judge later changed their mind.
The plaintiff claims that Montana was yelling at the dog in an attempt to prevent it from mauling the plaintiff. When the dog finally let go of the victim’s shoulder, it immediately sank its teeth into his hip. The plaintiff says that Montana acknowledged the severity of the attack and told him he would take care of any medical bills. The plaintiff sustained deep lacerations that required multiple sutures.
While Montana claimed that “he didn’t know about the lawsuit,” lawyers for the plaintiff cited an appearance on Way Up With Angela Yee in which he stated explicitly that someone is trying to sue him for $2 million after a dog bite. Montana will now have to prove that he paid the plaintiff a sum of money. Montana intends on appealing the default judgment filed against him.
Understanding Florida’s dog bite laws
Florida is a strict liability state when it comes to dog bites. That means that the owner is automatically liable for any injury caused due to their dog. For that reason, the plaintiff does not need to prove negligence. In other states, plaintiffs are required to prove negligence to win a dog bite lawsuit. These states operate on a “one-bite rule” or a modified one-bite rule. In other words, the plaintiff would need to establish that the owner knew or should have known that the dog was dangerous. If the dog bit someone else before, then the owner knew that the dog had a propensity for attacking.
In Florida, there is no one-bite rule. Instead, owners are liable regardless of whether or not their dog bit anyone before. The plaintiff does not need to prove what the owner knew at the time they were bitten. They only have to establish causation, meaning that the dog was the sole cause of their injuries.
Talk to a Jacksonville, FL, Dog Bite Attorney Today
Have you been bitten by a dangerous dog? If so, the Jacksonville personal injury attorneys at Gillette Law can help you file your claim. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
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