Encountering an unleashed dog while out for a walk can be a nerve-wracking experience for pet owners and pedestrians alike. While most cities in Florida have leash laws to protect public safety, it's not uncommon for these regulations to be flouted.
While most dog owners could never imagine their pet hurting another dog or a person, situations can sometimes escalate and lead to serious injuries and even death. Keep reading to learn more about your options when bit by an unleashed dog.
Handling The Aftermath Of A Dog Attack
Getting attacked by a dog can be a traumatic experience, no matter how large the dog or how serious the injuries are. We understand that, in many cases, the emotional wounds of a dog attack can be far more long-lasting than the physical ones.
If you were attacked by an unleashed dog, the first thing you should do is contact a personal injury attorney to discuss your case. Your attorney will help you start the process of filing a claim so that you can get the medical care and compensation you deserve. Here are some things you can do to help ensure you get the maximum compensation for your injuries.
Post-Encounter Actions
After the attack, check yourself and your dog for bites or injuries. If you or your dog sustain injuries, seek medical or veterinary attention immediately. The risk of infection from a dog bite can increase if it's not treated immediately.
Ask the treating provider to record where the bite landed, how deep it went and whether any wound was a puncture, and to note the rabies vaccination question. That record becomes the medical evidence in your claim. Family members or witnesses can help by going with the victim to appointments or caring for the injured dog.
Reporting Incidents
After you’ve received medical attention, you should report the incident immediately. To start the process, you can contact local authorities, such as animal control or the police. Timely reporting ensures that appropriate action is taken and helps prevent future incidents.
Provide accurate and detailed information, including a description of the dog, the location of the incident, and the injuries sustained. If possible, obtain the contact information of witnesses to support the report.
You can also report the incident through your vet or the emergency room you visit for treatment. Ensure you get all the documentation for your injuries, the reports, and anything else pertinent to the incident.
Who Is Liable When An Unleashed Dog Bites You In Florida?
The dog's owner is. Florida Statute 767.04 makes the owner of a dog that bites someone in a public place, or lawfully in a private place, liable for the damages regardless of the dog's past behavior and regardless of whether the owner knew the dog was dangerous. You do not have to prove the owner did anything careless. The same section reduces the owner's liability by the percentage of any negligence on the part of the person bitten that helped cause the biting incident.
Two limits are worth knowing. An owner who had displayed an easily readable "Bad Dog" sign in a prominent place on the premises is not liable under Florida Statute 767.04 unless the bitten person was under 6 years old or the injury was proximately caused by the owner's own negligent act or omission. And if the dog injured your dog rather than you, the claim runs under Florida Statute 767.01, which makes an owner liable for damage the dog does to a person or to an animal within the definitions of "domestic animal" and "livestock" in section 585.01.
The deadlines are not the same for both routes. A claim brought under Florida Statute 767.04 is founded on statutory liability, which Florida Statute 95.11(3)(e) gives four years. A common law negligence claim against the owner, for example one built on a leash ordinance violation, must be filed within two years under Florida Statute 95.11(5)(a). After an attack, avoid further contact with the owner until you have spoken with a lawyer.
Leash Laws
Leash laws often set out dog owners' legal obligations, including penalties for non-compliance. These regulations are usually enacted to prevent dogs from running loose, which can lead to dog bites, fights, traffic accidents, and other public health and safety issues. They also serve to protect the welfare of the dogs themselves from similar dangers.
Leash requirements in Florida come from county and city ordinances, so the leash length, the designated off-leash areas and the fine all depend on where the attack happened. In South Florida, check the ordinance enforced by Miami-Dade County Animal Services, Broward County Animal Care or Palm Beach County Animal Care and Control for the place the bite occurred.
The ordinance matters to your claim, not only to the owner's citation. A leash violation can support a negligence claim brought alongside the strict liability claim under Florida Statute 767.04.
Minimizing The Potential For Dog Attacks
Leash laws ensure that dogs are controlled and managed by their owners in public spaces. These laws aim to minimize the dangers of uncontrolled dogs, including biting, fear-based aggression, and territorial behavior.
By looking for these signs, pet owners and people who work with dogs can take appropriate precautions when dealing with potentially aggressive or reactive dogs.
Recognizing Aggression
Aggression in dogs can manifest itself in different ways, and knowing the signs helps you avoid potential incidents. Some common signs of aggression are growling, baring teeth, snapping, and lunging. However, not every aggressive behavior leads to an attack.
Some important signs of aggression include:
- Growling: A low, guttural sound, often a warning sign.
- Baring of teeth: An aggressive dog may bare its teeth threateningly.
- Snapping: Quick bites directed at people or other animals.
- Lunging: Sudden or forcefully towards a person or another animal.
Reading Body Language
A dog's body language can help predict its intentions and potential reactions. A dog's posture, eyes, and overall demeanor make it possible to gauge their emotional state so you can act accordingly. Some key characteristics to look for include:
- Posture: A dog displaying aggressive or dominant behavior often stands with a stiff and forward-leaning stance, while a fearful dog may crouch or tuck its tail between its legs.
- Eyes: Dilated pupils can indicate arousal or aggression, whereas a "whale eye" (showing the whites of the eyes) may signify anxiety or stress. A dog maintaining intense eye contact might exhibit signs of aggressiveness or dominance.
- Body: A relaxed dog usually has a curved, wagging tail and a loose body. In contrast, a stiff tail and tensed body might suggest an aggressive or reactive dog.
Safety Equipment
If you frequently walk through areas popular for people walking dogs, you may want to bring some preventative safety equipment when you leave the house. We would never suggest attacking or hurting someone’s pet in any way, but there are some measures that can help ensure everyone’s safety such as:
- Treats: Carrying treats can serve as a distraction for an approaching off-leash dog. Throwing a treat away from you can encourage the dog to chase after the treat, giving you some time to gain distance.
- Citronella spray: A citronella spray is a safe and humane option to deter an aggressive dog. It gives off a strong scent that most dogs find unpleasant. Aim the spray at the dog's nose, and it should prevent him from coming any closer.
- Pepper spray: Pepper spray is another option for self-defense, but it can cause more irritation to the dog. Only use it as a last resort if necessary, and ensure it's legal in your area.
Speak To An Injury Attorney Today
If an unleashed dog attacked you or your pet in Florida, you may have a claim for damages. The best way to find out if you have a claim is to start a free case review with an attorney at the Weinstein Legal Team. Your consultation is free, and you won’t pay anything for our legal services unless we win your case. You will not owe attorney's fees or costs unless we recover for you.
Contact Weinstein Legal Team at 888.626.1108 or click here to schedule your free case review with a Florida injury lawyer. Bring the animal control report, the medical records and any photographs of the dog and the scene.
