(Florida Statute 767.04) In some cases, dog owners have homeowners insurance that will cover the expenses caused by the injuries. A person who is trespassing on private property without permission is not "lawfully" on the private property. Permanent scarring (especially facial scarring). All rights reserved. In dog bite cases, as in all Florida personal injury cases, time may be of the essence, and the law only provides a set window of time for you to bring a claim against a dog owner or file a lawsuit in the Florida court system. This is the standard that most injury claims follow. Florida's dog bite law requires an injured person to be "lawfully" in the place where the bite occurred in order to recover damages. If you have sustained injuries as a result of a dog bite incident, you should contact a knowledgeable Florida dog bite lawyer as soon as possible to assist you with your case. A dog bite victim in Florida can recover compensation under a special statute and the doctrines of negligence, negligence per se, scienter, and intentional tort. A highly rated legal best-seller. © 1999-2021 Kenneth Morgan Phillips. Florida has a special dog bite statute, FLSA 767.04, which states that owners are liable for dog bites under the following terms: The dog bites another person and/or; The bite occurs on public property, or private property when victim was lawfully on the premises. If you or someone you love has sustained injuries as a result of a serious dog bite that occurred in the State of Florida, you may be entitled to monetary compensation under one or more of these laws. This basically means that an owner of a dog that bites and injures another person is liable regardless of the former aggressive or violent behavior of the dog or the owner’s knowledge of that behavior. Save hours of work! To schedule a free consultation and case evaluation with a Clearwater dog bite lawyer, please call us at (727) 451-6900 today or contact us online. Read on to join us as we explore common dog bite defenses in regards to Florida law. Lawfully Upon … Florida Dog Bite Law. Dog Bite Liability. Dog Bite Laws in Florida. The first type of law that covers dog bites in Florida is known as strict liability. If you have suffered from a dog bite injury in Bradenton, FL., it may reassure you to know that the Florida legal system is tough on dog owners. Dog bite laws in Florida are generally centered around the provisions of Florida’s dog bite statutes, Fla.Stat.§767.01-767.16, but there is also an overlap between our state’s dog bite laws and premises liability laws. Therefore, if a claim or lawsuit is not filed within the required four-year time period, the dog bite victim is forever barred from filing suit or seeking monetary recovery for injuries sustained in the dog bite incident. Under Florida law, a dog owner is presumed to have acted in a negligent manner if she violates a law or statute that is already on the books. If the insurance company refuses to offer adequate compensation for your injuries and damages, our skilled attorneys are not afraid to litigate your dog bite case and even take it to trial, if necessary. In Florida dog bite cases, a lawsuit must ordinarily be filed in the Florida court system within four years of the date on which the plaintiff sustained the dog bite injury. A severe injury is one that causes broken bones, multiple bites, or disfiguring lacerations that require sutures or reconstructive surgery; proximately resulting in the dog bite and the victim’s subsequent injuries. They can also review and evaluate your dog bite claim and can use Florida’s dog bite laws to your advantage when it comes to maximizing your monetary recovery. They might be able to argue you don’t deserve full compensation by claiming the dog bite occurred at least in part because you blatantly ignored signs indicating a dog was dangerous, approaching it anyway. It is likely that the dog owner will try his best to protect his dog and finances from justice. When do you need to hire a personal injury lawyer? For example, maybe you sustained a dog bite at a Florida residence when legally performing work on someone’s property. Florida recently recorded the highest average amount ($38,400) per dog bite insurance claim in the country, with 146 payments totaling $5.6 million. Florida Dog Bite Law: Strict Liability. 2 This article provides a springboard into this dynamic area of law, explaining the general legal … Under Florida law, the following legal defenses may apply in the dog bite context: Assumption of risk by the dog bite victim, If you have sustained injuries as a result of a dog bite incident, you should contact a knowledgeable Florida dog bite lawyer as soon as possible to assist you with your case. Pursuant to. Statutory Strict Liability . | Law Firm SEO by, About Dolman Law Group Accident Injury Lawyers, PA, About Sibley Dolman Accident Injury Lawyers, LLP. The skilled dog bite lawyers at Dolman Law Group know and understand Florida dog bite laws and can use the laws to your advantage in helping you recover monetary compensation for your injuries and damages. Click here for further legal notices. Overview of Florida Dog Bite Law Florida is a statutory strict liability state. Some of the more common injuries and damages sustained in St. Petersburg dog bite cases include the following: If a dog bite victim “contributes” to the incident, his monetary recovery could potentially be reduced based on the victim’s percentage of fault. Statutory Strict Liability and Florida Dog Owners, Florida, like many other states in the country, utilizes a legal standard known as statutory strict liability when it comes to dog bite cases. In the dog bite context, intentional torts usually arise in cases of provocation, where the dog owner provokes or incites the dog to bite someone. Generally speaking, strict liability does not apply to any of the following individuals: In addition to statutory strict liability, a dog owner may also (or alternatively) be liable to a dog bite victim if the dog owner did something that a reasonable dog owner would not have done—or failed to do something that a reasonable dog owner would have done—proximately resulting in the dog bite and the victim’s subsequent injuries. Florida law provides several bases of recovery for dog bite victims, including statutory strict liability, negligence, negligence per se, and intentional torts. Liability for Dog Bites. Dog owners can be held liable for any damages their dogs inflict. This means dog owners in the state can be held liable if the dog bites another person, even if the owner did not have any reasonable knowledge or prior warning that the dog might bite. In Florida, there is a statute that’s specific to dog bites, and that’s statute FLSA 767.04. Under this section, there is no need to prove that the dog was dangerous. Unlike many other states, Florida has a statute that governs dog bites. Therefore, if a dog owner walks a dog without a leash or lets the dog roam around the neighborhood unsupervised, the dog owner may be presumed negligent in the event that the dog bites someone and causes injuries. The bite victim doesn’t have to show how the dog owner acted unreasonably or created an unsafe situation. A dog bite victim can recover damages pursuant to the dog bite statute and all of the causes of action discussed in Legal Rights of Dog Bite Victims in the USA, namely negligence, negligence per … Even if a dog’s bite at first seems minor, if the wound becomes infected, or if a victim requires cosmetic surgery, the expenses are the responsibility of the hound owner. Florida, like many other states in the country, utilizes a legal standard known as statutory strict liability when it comes to dog bite cases. In addition, the injured person has no burden of proof that the owner’s lack of reasonable care caused the bite. Florida law requires the victim of a dog bite injury to be “lawfully” in the place where the bite occurs. Florida’s strict liability dog bite law covers only the injuries caused by dog bites. However, the claimant cannot have contributed to the bite and injuries in any way. If you are considering filing a lawsuit to recover damages for your Florida dog bite injury, then you should contact a personal injury lawyer who has experience with dog bite cases. Let a dog bite attorney help you obtain a favorable outcome in your dog bite case. Speak with a local Florida dog owners are responsible for any and all of the damages caused by their canines. There are two Florida dog bite laws. A dog bite victim in Florida can recover compensation under a special statute and the doctrines of negligence, negligence per se, scienter, and intentional tort. , and intentional torts. Dog bites can result in very serious injuries, compensation for your injuries and damages, Police or military dogs performing their duties, Damages to property caused by a vicious dog. ® All Rights Reserved. An intentional tort, such as an assault or battery, requires specific intent on the part of a dog owner to cause the dog to bite another person. When that happens, the dog bite victim may be entitled to monetary compensation for injuries and damages sustained. Under Florida law, in order to obtain compensation after a dog bite, you should prove: 1. This same deadline applies to all personal injury cases in Florida. The knowledgeable dog bite lawyers at Dolman Law Group are aware of all filing deadlines and can ensure that your legal rights are preserved. Contact a Clearwater Dog Bite Lawyer Today to Discuss Your Case. Dog bite laws in Florida exist to identify who is liable for any damages when these attacks occur. The dangerous dog statute is an important statute within Florida dog bite laws meant to protect the public from dangerous dogs. Florida is a “strict liability” state for dog bite accidents. Negligence in Florida. If a victim is trespassing in the place where they suffer a dog bite such as, for example, a person breaks into the house where the dog lives, the homeowner owes no liability to the dog bite victim. This states that the owner of a dog is liable for another person’s injuries if the dog bites him or her when that person is in a public place, or lawfully in a private one. Florida Dog Bite Statutes The way that the Florida dog bite laws affect your claim depends on the circumstances of the bite or attack. 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. Pursuant to Section 767.04 of the Florida Dog Bite Statute, dog owners can be held strictly liable when their dog bites a person and causes an injury. In addition to not having a “one bite” law, Florida State also uses “dangerous dog laws” to label canines that have posed a threat to people in the past. Florida's law on "Damages by Dogs" states that a dog owner is liable for any damages that results from his dog biting a person, whether in public or private, including in the owner's home. Statutory strict liability provides a basis for monetary recovery by an injured dog bite victim, without regard to fault on the part of the dog owner. 767.04 Dog owner’s liability for damages to persons bitten.—. Download and use today. Before the statute, Florida followed the common law. Florida is a “strict liability” state in terms of dog bites. Good throughout the USA. Usually, it does not matter how extensive your wounds are. So … Fortunately, there are important laws in Florida that protect animal attack victims. 1 While the number of claims nationwide vacillates, the average value of each has climbed higher every year with the aggregate topping $489.7 million in 2012. Dog owners in our state have a responsibility to maintain control of their dogs, particularly if their pet meets the definition of a “dangerous dog” as set forth in Chapter 767 of the Florida Statutes.On local levels, most counties in the state have leash laws to help keep people and other animals safe from uncontrolled dogs that may become aggressive, but there are no Florida-wide leash laws. Overview of Florida dog bite law. Florida’s dog bite statute states that a dog owner is responsible for injuries if: (1) the dog bites another person; and (2) the person is in a … Tips and Tricks for Dog Bite Lawyers has all the practice pointers and winning strategies that a victim's lawyer needs. Florida Statute section 767.04 governs the law pertaining to dog bite injuries. Florida’s Animal Attack and Dog Bite Laws. Florida law treats injuries caused by dog bites with a strict liability standard. The 2020 Florida Statutes. The second legal theory is known as strict liability. Download and use today. In serious cases, an aggressive dog may be declared as dangerous under Florida law. This means that the dog’s owner is liable for any damages the animal causes, regardless of whether the owner had fault in the attack. There are two legal theories that states use to determine liability for a dog attack. As the statistics above demonstrate, dog bites are a common occurrence in Florida. Florida’s strict liability rules do not apply to everyone in the dog bite context. Statutory strict liability provides a basis for monetary recovery by an injured dog bite victim, without regard to fault on the part of the dog owner. Any negligence on the part of the dog bite victim could potentially reduce the dog owner’s liability, based upon the victim’s percentage of fault. Pursuant to Section 767.04 of the Florida Dog Bite Statute, dog owners can be held strictly liable when their dog bites a person and causes an injury. 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