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Avocacy Memorandum of Law
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Avocacy Memorandum of Law
The initial area of inquiry is determining whether there exists a basis to support the Defendants motion for summary judgment. Under the Florida Rules of Civil Procedure this would require that there was no genuine issue of material fact and given the facts presently available in this case the Defendant cannot maintain this burden and his motion must therefore be denied. Fla. R. Civ. P. 1.510
The fact that the State of Florida has chosen to enact a dog bite law which imposes strict liability upon the owner of the dog is a clear advantage for the Plaintiff in this action.F.S.A.767.04 Absent the Defendants ability to demonstrate an exception to the language of the statute a finding of liability must be found. The Defendant will undoubtedly argue that he Bad Dog exception should apply in the instant case. Under this exception if he can demonstrate that a prominently displayed sign using the Bad Dog language was present on the property prior to the incident in question he may be able to avoid liability. It is an important fact as to the application of this exception that the Plaintiff claims to have never seen any such sign. The fact that she
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