An attack by a canine, no matter the size, is physically and emotionally painful. If another person’s dog has recently injured you or a loved one, the first question is who is on the legal (and financial) hook for medical bills and other losses resulting from the incident.
For some owners, dogs provide a companion-like relationship. For others, dogs are used as a means for security and protection. Whether the safety aspect backfires, or a typically well-behaved dog acts out, and someone is bitten, there are specific actions that should be taken.
If you or a loved one has suffered an injury from a dog bite, contacting an attorney should be part of the recovery process. A Florida dog bite injury lawyer can help review your claim to determine if you may be entitled to file a claim for past, present, and future medical expenses, lost wages, and mental anguish.
Contact a skilled dog bite injury attorney at Weinstein Legal Team for a free review of your injury claim.
There are two dog bite laws specific to Florida. One is known as strict liability and the other is negligence. An attorney can provide you further information on both and guide you to which claim suits your specific situation.
Strict Liability – The first type of law that covers dog bites in Florida is known as strict liability. In laymen’s terms, these laws state that the owner of the dog is responsible for the attack and liable for the damage his or her dog causes. This is different from the common “one bite” law, which does not fault the owner unless their dog has bitten a person once before.
What does this mean for you? If you are attacked by a dog in Florida, the owner is strictly liable under Fla. Stat. § 767.04. That means you do not have to prove the owner knew the dog was dangerous, only that the bite happened and what it cost you. Strict liability is not an automatic win, and two statutory limits matter: if your own negligence contributed to the attack, your compensation is reduced by your percentage of fault rather than eliminated, and an owner who prominently displays an easily readable sign including the words “Bad Dog” on their property may escape strict liability, except where the victim is under six years old or the owner’s own negligence caused the injury.
The rule has exceptions. If you are trespassing on another person’s private property at the time of the attack, the dog owner may not be liable.
Also, if you provoked the dog in any way before being bitten, including slapping or hitting the animal, you may not be awarded compensation for your injuries.
Negligence – On top of the strict liability laws in place in Florida, you may also have the opportunity to file a lawsuit on the grounds of negligence. In many cases, dog bite injuries fall under this area.
In order to obtain a favorable outcome in a negligence claim, it must be proven that the owner of the dog who attacked you was in violation of a duty of care. You and your attorney will need to prove that it was this specific violation which resulted in your injuries.
A possible example of this could potentially be a dog owner failing to make sure his or her dog is kept from running loose on public land. So, if a dog is normally kept in a person’s private backyard, but the backyard’s fence has not been properly locked and the animal escapes and injures you, this claim may be valid. A second example may be if your local area has a leash law in place, but the owner was walking his or her dog with no leash attached and the animal ran up and bit you.
Under Florida dog bite law, there are two ways to bring a claim: strict liability and negligence. If you are unsure which law applies to your case, consult a knowledgeable dog bite attorney today.
An experienced Florida dog bite injury lawyer understands that dog bite victims struggle physically and mentally with their injuries. When a person’s carelessness causes their animal to injure you, they should be held responsible for their negligence. Whether this was caused by not abiding by local leash laws, a dog who was allowed too close to you and lashed out, or a dog left in a confined space that was not properly enclosed, a dog bite injury attorney can help you.
Weinstein Legal Team can help you navigate through the paperwork and legal requirements of filing a personal injury claim. With an experienced personal injury lawyer on your side, you can fight for the compensation you need to cover medical expenses, lost wages, and your pain and suffering.
If you are a dog bite victim unsure who to contact about your legal rights, contact a trusted dog bite injury attorney of Weinstein Legal Team for a free claim review.
Florida gives you two years from the date of the injury to file a negligence lawsuit under Florida Statute 95.11(5)(a). That period applies to injuries on or after March 24, 2023; older injuries keep the earlier four-year period. Miss the deadline and the court will dismiss the case no matter how strong it is.
