Animal Law

Dog avoids death sentence for biting 4-year-old after $10K legal defense

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A Florida dog has dodged a likely death sentence for biting a 4-year-old boy earlier this year, after a judge found a state law concerning dog-bite incidents unconstitutional.

Veterinarian Paul Gartenberg, who owns Padi, a Labrador mix, credits his ability to pay $10,000 in legal fees for the trial victory, according to the Bradenton Herald, the Panama City News Herald and an earlier Sarasota Herald-Tribune story.

Gartenberg says the dog was provoked by the boy, who followed Padi when the dog retreated to a safe spot under his desk and threw toys at the animal. But a “stand your ground” defense was not permitted under state law.

Chief assistant Manatee County attorney Robert Eschenfelder was reportedly sympathetic to defense arguments that state law is overly broad and does not provide due process concerning dog bites. He sent an email after the ruling instructing county animal control workers not to enforce it.

“This is a big win for animals across the board,” attorney Charlie Britt, who defended the dog, told the News Herald after he received the ruling by Circuit Judge Andrew Owens on Thursday.

A civil suit against Gartenberg by the bitten boy’s parents is still ongoing.

Related coverage:

WTSP: “Padi the lab faces a court hearing”

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