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Understanding Dog Bite Liability
Florida Dog Owners' Responsibility
Florida follows a strict liability system for dog bites. In the event a bite leads to injury and warrants compensation, owners are generally held financially responsible even if the dog has no history of past aggression. This applies when the dog bites someone on public property or someone who is lawfully on private property—except in some cases when the dog owner has posted appropriate warning signage.
Note that just because dog owners are held to strict liability does not mean that they are always 100% at fault. Negligent or reckless actions on behalf of either party may increase or reduce their percentage of fault. This is important because your final compensation amount can be reduced by your percentage of fault—and if it exceeds 50%, your compensation can be withheld entirely.
If you’re unsure whether you can recover compensation from the dog owner for a bite injury, reach out to a Florida dog bite lawyer, who can assess your unique situation in greater detail.
The Role of Insurance in Compensation
Who Pays for Dog Bite Injuries in Florida?
It depends. Assuming the owner can be held liable either under strict liability or through their own negligence, compensation will generally come from either their home insurance, or from the owner themselves.
The primary determining factor is whether the dog owner’s insurance policy includes animal liability coverage. If so, you may be able to file a claim with the insurance company for the compensation amount you deserve. Otherwise, you will instead need to seek compensation directly from the owner’s pocket.
Immediate Actions to Take After a Dog Bite Accident
If you are bitten by a dog, it is essential to take immediate steps to protect your health and rights:
Seek Medical Attention
Report The Incident
Gather Evidence
Collect the dog owner’s contact information, any relevant witness statements, and photographs of the injuries and the scene, if possible.
Consult A Lawyer
A Florida dog bite lawyer can help you navigate the legal complexities and maximize the available compensation.
Frequently Asked Questions
Get answers to common questions to better understand your rights and options.
How Long Do I Have to File a Dog Bite Injury Claim in Florida?
In Florida, you generally have two years from the date of the incident to file a claim. However, there are exceptions to this rule. For example, if the victim is a minor, the statute of limitations may be extended until seven years after the injury or until the child turns 18, whichever comes first. Contact an attorney for help determining the appropriate filing deadline for your specific case.
What Damages Are Recoverable for a Dog Bite Injury?
Victims of dog bites in Florida may be entitled to recover various types of damages, including:
- Medical Expenses: Costs for emergency room visits, surgeries, medication, physical therapy, and any future medical treatments.
- Lost Wages: Compensation for income lost due to the inability to work during recovery.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
- Property Damage: Reimbursement for any personal property damaged during the attack.
Are Dog Owners Always Liable for Dog Bites in Florida?
Florida operates under a strict liability rule for dog bites, meaning dog owners are generally liable for bites regardless of the dog’s previous behavior. However, there are exceptions, such as if the victim was trespassing or provoking the dog. Strict liability also may not apply if the owner posted legible “bad dog” signs in prominent locations on the property to warn others of the risk. However, even if an owner is exempt from strict liability, they may still be held liable for any negligence or intentional action that may have caused the incident. It should also be noted that, comparative negligence still applies, potentially reducing the owner’s liability and the available compensation if the victim’s actions contributed to the incident.
How Can a Florida Dog Bite Lawyer Help Me with My Case?
A Florida dog bite lawyer can assist by thoroughly investigating the incident and gathering crucial evidence to support your claim. They handle negotiations with insurance companies to ensure fair compensation for your medical expenses, lost wages, and suffering. If necessary, they represent you in court to advocate for your rights. Throughout the process, they provide legal advice and guidance, ensuring you understand your options and that your rights are protected at every stage.
CALL (954) 329-0137South Florida’s Top Dog Bite Lawyers
Your Legal Advocates
With over 30 years of experience in animal bite cases, the Law Offices of Scott Jay Senft takes a personalized approach, relentlessly fighting for the rights of our clients. Team up with a Florida dog bite lawyer with decades of experience helping victims recover the compensation they deserve. We offer a free consultation to discuss your case, evaluate your legal options, and guide you through the process.There are no up front fees; we don’t get paid until you win your case. Contact us today to get started, and find out how we can help.