Recently, an appellate court in Florida issued a written opinion in a personal injury case involving a woman who was seriously injured while volunteering at a local dog park. The case required the court to determine if the signage outside the park indicating that visitors enter at their own risk absolved the defendant dog owner of liability. Ultimately, the court concluded that the sign did not contain the necessary words “bad dog,” as outlined by statute.
The case is important for all personal injury claimants because, while Alabama employs different legal standards than those applied in this case, it shows how literal courts can be when interpreting language in a statute. Whether a court is interpreting the language of a prior court’s opinion or the text contained in a statute, this case shows just how narrowly courts may interpret language, depending on the statute and the situation, making the assistance of a dedicated Alabama personal injury attorney all the more necessary.
The Facts of the Case
Here, the plaintiff was a volunteer at a local dog park. One day, the plaintiff was at the park volunteering when the defendant arrived with her dog. At some point, the defendant’s dog was chasing another dog when it collided with the plaintiff. The plaintiff fell to the ground, breaking her leg. The plaintiff filed a personal injury case against the defendant, claiming that under the state’s strict liability statute for injuries caused by animals, the defendant was liable for her injuries. The defendant responded by arguing that the signage in front of the dog park, indicating that visitors enter at their own risk, put the plaintiff on notice of the risks involved with volunteering, and, therefore, she assumed the risk of injury.