Almost a month ago, Kurry Mullen reported to the Alachua County Sheriff’s Office that his dog had been attacked by another dog at a Gainesville dog park.
Now, the park’s owner has just under 30 days to respond to a “notice of proof of insurance” from Mullen’s attorney, said Mullen.
Mullen said he wants dog park owners to provide contact information of dog owners in the case of a dog bite that occurs on park property.
Mullen, 31, took his 3-year-old dog — a Tolling retriever named Gunner — to Must Love Dogs on Southwest Archer Road on Oct. 2 for some exercise. After being in the park for a roughly 5-minute stretch, he saw a dog suddenly attack Gunner, he said.
“Out of nowhere, this dog just comes up…full speed,” Mullen said. “Just attacks my dog.”
After seeing Gunner begin to limp and whimper, Mullen approached the owner of the dog that had attacked Gunner.
“I said, ‘your dog just bit my dog,’” Mullen said. “He just sits there like he couldn’t have a care less in the world.”
Gunner, who was bitten on his back near his tail, has since undergone several surgical procedures, Mullen said.
Scott Wittmer, 62, the owner of the dog who allegedly bit Gunner, has agreed to pay for the first vet bill, Wittmer said.
Must Love Dogs, a private dog park and daycare that allows off-leash play, charges members monthly fees that begin at $40 per dog to access its park and grooming facilities, according to the dog park website.
Non-members can pay a $10-a-day use fee for park access, as long as their dogs have proof of rabies vaccination and male dogs over 7 months old are neutered.
Immediately after the incident, Mullen requested Wittmer’s contact information from Must Love Dogs staff, he said. They declined to give it to him.
He said he believes the park’s employees should be more willing to contact members whose dogs have attacked other dogs.
“This is negligent behavior,” Mullen said.
Joshua Taylor, who is listed as the co-owner of Must Love Dogs, declined to comment for this story. His attorney also declined to comment.
But while some dog owners hold park employees responsible for the incidents that occur at their facilities, the law holds dog owners responsible for their dogs’ attacks.
Chapter 767.04 of the 2024 Florida Statutes states that “the owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”
In short, individuals are responsible for the actions of their pets. This automatically leaves the aftermath of most dog attacks — excluding those that involve trespassed individuals or those that occur in areas with violent dog signage — in the hands of the attacker’s owner.
But what happens when a dog attacks another dog?
To Jack Fine, 73, a personal injury attorney based in Gainesville who is not involved in Wittmer’s case or any litigation with Must Love Dogs, any dog owned by someone is considered property. According to state law, Wittmer’s dog is regarded as property — property that he is fully responsible for.
When a dog attacks another dog, the situation is different from a situation in which a dog attacks a person, Fine said.
“The difference really is in the value of the case,” he said. “Very often, the dog that’s attacked doesn’t have a significant financial value.”
Outcomes like the extent of scarring or other physical injury inflicted on the attacked dog can help determine this financial value, Fine said.
“You want to see if they got rabies shots, if they receive medical treatment, if there’s expenses,” he said.
Dog-on-dog attacks are not unusual in the city of Gainesville. In fact, according to documents shared by Alachua County Animal Services, over 30 reports detailing attacks of this nature have been filed between September 2023 and March 2024.
One affidavit, signed by Datravius Moxey on March 4, described a pitbull that attacked Moxey’s dog “out of nowhere,” he wrote. Moxey had to “slam” him before the owner “[grabbed] her dog off my dog,” he wrote.
Another affidavit, signed by Nikki Wilkerson on March 29, detailed a pitbull/cane corso mix that bit her daughter’s dog in the face and neck, she wrote.
“There was blood everywhere,” Wilkerson wrote.
Chris Adin, a veterinarian and professor of small animal surgery at the University of Florida College of Veterinary Medicine, said the treatment dogs that have been attacked receive depends on the severity of the injuries inflicted.
“Dog bite injuries vary widely in severity, ranging from small superficial wounds to deep crushing injuries that can break bones and damage internal organs,” Adin wrote in an email. “The important thing is to get your pet assessed by a veterinarian, as it can sometimes be difficult to assess the severity of the injury without an expert’s help.”
The cost of treatment can range from a few hundred to thousands of dollars, Adin wrote in his email.
But regardless of finances, dog owners like Mullen hope that improved communication from dog park employees will help reduce the frequency of local dog-on-dog attacks, he said.
“It’s not monetary for me,” Mullen said. “I don’t want this happening to other dogs, point-blank, period.”
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