Dog bites can cause severe emotional, physical and financial harm to victims. Florida has specific laws that govern dog bite liability. This ensures that victims are able to seek compensation for their injuries. Understanding your legal rights after a dog bite is crucial to protecting your interests and holding the responsible party accountable.
Florida has strict liability laws for dog bites. This means that owners of dogs can be held responsible for any injuries caused by the pet, no matter if it had a previous history of aggression. This article examines Florida’s laws on dog bites, the available legal remedies and what victims should do after an attack.
Florida’s strict liability law for dog bites
Florida law (Florida Statute SS767.04) imposes strict responsibility on dog owners. This is different from some states which follow a “one bite rule”–where a pet owner can only be held liable if he or she knew that their dog was dangerous. This means that:
- If a dog bites someone on a public property or a private property, including the owner’s own home, then the owner is liable for any damages.
- The victim doesn’t need to prove that the owner knew about the aggressive nature of the dog or was negligent.
- Even if a dog has never shown aggression or bitten someone before, the law still applies.
Dog owner liability exceptions
Florida’s strict-liability law is in favor of victims. However, there are some exceptions to the rule where dog owners may not be held responsible.
- Dog owner not responsible if victim is trespassing on property:
- Comparative Negligence – If the victim provoked a dog by teasing it, hitting it, or harassing it, their compensation could be reduced according to Florida’s comparative fault rule.
- Warning signs: If an owner posted a sign that said “Beware of Dogs” and the victim was older than six, they may not be liable, unless the owner was negligent.
Dog bite victims: Legal remedies
In Florida, victims of dog bite injuries have several legal options for compensation. Legal remedies for dog bite injuries include:
1. How to File an Insurance Claim
Most homeowners’ policies cover injuries caused by dog bites. The victim may be entitled to compensation from the insurance of the dog owner for medical costs, lost wages and pain and discomfort.
2. Personal Injury Lawsuit
A victim may file a lawsuit against a dog owner if the insurance claim is inadequate or the owner has no coverage. A lawsuit can include compensation for:
- Medical expenses: Hospital bills, surgery, medication, and physical therapy.
- Loss of Wages: Compensation paid for the time lost from work because of an injury.
- Pain and Suffering : The emotional distress and trauma caused by the attack.
- Scarring and disfigurement: Compensation is available for permanent injuries that can affect the victim’s life quality.
3. Claim Against a Property Owner or Landlord
If a landlord or owner of a property knew that the dog owned by a tenant was dangerous but did not do anything to prevent an assault, they could be held responsible under premises liability laws.
What to do after a dog bite in Florida
It is important to act immediately if you have been bitten by a Florida dog. This will protect your health as well as your legal claim. Here’s what to do:
1. Seek medical attention immediately
Canine bites can lead to serious infections, damage to the nerves, and scarring. Even if a wound seems minor, a medical evaluation is required to prevent complications.
2. You can identify the dog and its owner
Get the owner’s name and contact information. If you think the dog may be a stray animal, get its description and contact the local authorities.
3. Document the Incident
Evidence is needed to back up your claim.
- Take photos of the wound and the place where it occurred.
- Get witness statements from any witnesses who witnessed the attack.
- Keep copies of your medical records, including any expenses associated with your treatment.
4. Report the Incident
Report the dog bite to animal control or your local law enforcement. It is important to create an official record that can be used in legal proceedings.
5. Do not negotiate with the dog owner alone
A dog owner or his insurance company might try to make a quick offer. You should consult an attorney before accepting any compensation offer.
Children Victims: Special considerations
Dog bites can be particularly dangerous to children, and they often cause more serious injuries. Under Florida law:
- Children younger than six years of age cannot be held negligent for provocation of a dog.
- Children who have been bitten by a dog often need plastic surgery as well as long-term mental support.
- Parents can file a claim for their child’s medical care, both current and future.
Criminal Liability of Dangerous Dogs
Florida law also imposes criminal penalties for dog owners who violate certain conditions.
- Owners of dangerous dogs (previously classified as such by the authorities) who attack and cause serious injury or death may be charged with criminal offenses.
- If you fail to adhere to leash laws and secure your dog correctly, you may be fined or face additional penalties.
Dog Bite Prevention
Dog owners and the general public share responsibility for preventing dog bites. Among the steps you can take to reduce your risk are:
- Dog owners: proper training, socialization and secure enclosures.
- Children should be taught how to safely interact with dogs by their parents.
- For the public: Do not approach unfamiliar dogs. Recognize signs of aggression and avoid approaching them.
Florida’s strict liability law takes dog bites seriously. Insurance claims, personal injury suits, and premises liability lawsuits are all options available to victims who wish to seek compensation. It is important to understand these legal rights in order to ensure that victims are compensated fairly for their injuries.
You can strengthen your case if you or someone close to you has been bitten by a dog. Taking the right steps, such as seeking medical attention, capturing the incident on paper, and notifying authorities, will help. A legal professional is a good choice to help you navigate the complex laws surrounding dog bites and receive the compensation that you deserve.
When negligence causes harm to a dog, there are legal remedies available to protect the victims and to hold negligent parties accountable.
This article was written by Jeanette Secor PA Attorney at Law.
The law office of Jeanette Secor in St. Petersburg FL has been the first choice for justice seekers after an accident or injury. St. Pete auto accident lawyer . Jeanette Secor is a renowned attorney who has represented clients successfully in slip-and-fall accidents, car accidents, and motorcycle accidents.