Orit Fermon vs. Santa Hernandez Seguin et al

In a premises liability lawsuit, the jury delivered a verdict in favor of the Plaintiff on July 2, 2024. They awarded her a total of $283,893.80 in damages as a result of dog bite incident.

 Case Background

The Premises Liability lawsuit was filed on December 7, 2022, by Plaintiff Orit Fermon in the Florida State, Miami-Dade County, Eleventh Circuit Court (Case number: 2022-023231-CA-01) and was presided over by Judge Jose M. Rodriguez.

Cause

On August 10, 2021, Orit Fermon, a resident of Broward County, Florida, visited the property of Santa Hernandez Seguin and Jorge Luis Rodriguez Betancourt at 28036 SW 134th Court, Miami, Florida 33033. Fermon was an invitee, specifically requested by Hernandez Seguin to provide an estimate for a home project involving 15 windows and 3 doors. While lawfully on the property, a dog owned and/or harbored by the defendants (referred to as the “Subject Dog”) attacked Fermon. She did not provoke the dog or contribute to the incident in any way. The defendants failed to display a “Bad Dog” sign on the property as required by Florida Statute §767.04. Both defendants were legal owners and/or lawful residents of the property where the incident occurred.

Injuries

On August 10, 2021, Orit Fermon, a resident of Broward County, Florida, visited the property of Santa Hernandez Seguin and Jorge Luis Rodriguez Betancourt at 28036 SW 134th Court, Miami, Florida 33033. Fermon was an invitee, specifically requested by Hernandez Seguin to provide an estimate for a home project involving 15 windows and 3 doors. While lawfully on the property, a dog owned and/or harbored by the defendants (referred to as the “Subject Dog”) attacked Fermon. She did not provoke the dog or contribute to the incident in any way. The defendants failed to display a “Bad Dog” sign on the property as required by Florida Statute §767.04. Both defendants were legal owners and/or lawful residents of the property where the incident occurred.

Damages

As a direct result of the dog bite, Orit Fermon suffered numerous damages. These included bodily injury, pain and suffering, disability, disfigurement, scarring, and loss of capacity for the enjoyment of life. The attack also aggravated a previously existing condition. Fermon incurred expenses for hospitalization, medical and nursing care and treatment. She experienced loss of earnings and loss of ability to earn money. The complaint explicitly states that these losses are either permanent or continuing, and Fermon will continue to suffer these losses in the future. The lawsuit sought compensatory damages in excess of $30,000, plus costs for all damages recoverable under Florida law.

 Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Orit Fermon
    • Counsel for Plaintiff: Josehp P. Discepola, ESQ

 

  • Defendant(s):Santa Hernandez Seguin | Jorge Luis Rodriguez Betancourt
    • Counsel for Defendants: No information given

Claims

Orit Fermon filed four separate counts in her complaint:

1.Negligence claim against Santa Hernandez Seguin

2.Negligence claim against Jorge Luis Rodriguez Betancourt

3.Statutory liability claim against Santa Hernandez Seguin under Florida Statute §767.04

4.Statutory liability claim against Jorge Luis Rodriguez Betancourt under Florida Statute §767.04

In the negligence claims, Fermon alleged that both defendants breached their duty to refrain from maintaining a dog that posed an unreasonable risk of harm on their property. The complaint stated that the defendants knew or had reason to know of the vicious nature of the Subject Dog. It also claimed that the defendants failed to properly train, restrain, guard, supervise, secure, control, and/or confine the dog.

The statutory liability claims were based on Florida Statute §767.04, which imposes strict liability on dog owners for bite injuries, regardless of the dog’s previous behavior or the owner’s knowledge of viciousness.

Jury Verdict

The jury reached a verdict in Orit Fermon’s dog bite case, awarding her damages as follows:

  • The jury awarded Fermon $8,795.00 for past medical expenses.
  • They allocated an additional $8,795.00 for future medical expenses.
  • For past wage loss, the jury granted Fermon $16,303.80.
  • The jury awarded $60,000.00 for past damages related to pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect, and loss of capacity for the enjoyment of life.
  • For future damages covering the same categories of pain, suffering, and life impact, the jury awarded $190,000.00.

In total, the jury verdict resulted in a cumulative award of $283,893.80 to compensate Orit Fermon for her injuries and losses stemming from the dog bite incident.

Court Documents:

Available Upon Request