Dog violence kills around 43 people per year. From 2011 and 2021, the CDC reported 468 deaths caused by dog attacks. Relative to sharks, a significantly more feared species, dogs kill 24 times more in the United States. With approximately 4.5 million dog bites occurring each year in the United States, legal protection and action is crucial. Compensation for victims is not only essential for their immediate recovery and remedies, but for future prevention. In instances where civil wrongdoings cause injury to another, tort laws play an important role in compensating victims and placing responsibility on the at-fault party. For example, if a dog bite causes physical harm to another, the owner may be held liable for the damage caused. Thus, dog owners are responsible for the damage incurred by the affected party as a result of the injury, e.g., medical expenses, lost wages, and more. Liability depends on the unique details of your case; however, this article aims to provide a comprehensive overview of dog attack Florida laws. For personalized insights, contact a personal injury attorney for a free case evaluation.  

Whether the attack occurs in a public place or on the owner’s private property, the owner is liable for the damages incurred from the attack, according to. There are two exceptions to this law:  

• The person attacked was unlawfully on the owner’s private property, at which point, they are considered trespassers;  
• There is a clear and readable “Bad Dog” sign on the owner’s property. 

Exceptions to Florida Dog Attack Laws: “Bad Dog” Sign

A mailman is bitten on private property. If the property has an easily readable sign that says, “Bad Dog”, the owner is not liable for the damage caused by the dog. According to Florida Statute 767.04, the dog owner is not liable unless (1) the owner’s negligence caused the attack, or (2) the victim is under 6 years old.  

When seeking compensation for dog bite injuries in Florida, several factors come into play that can impact the amount you may receive. These factors include insurance policies, comparative negligence, whether the dog has been declared dangerous, and the location of the incident. Each of these elements affects the outcome of your claim and the total compensation you might receive. 

Insurance Policies

If the dog owner has homeowner’s or renter’s insurance, those policies typically cover liability for injuries caused by their pet. These policies usually offer coverage ranging from $100,000 to $500,000 for dog bite incidents. However, if the dog owner does not have insurance, the claim must be filed directly against the owner. Some insurance policies may exclude certain breeds or reduce coverage if the attack occurs away from the insured property. In these cases, negotiating with insurance companies or directly with the dog owner requires the expertise of a personal injury lawyer to ensure you receive proper compensation. 

Comparative Negligence

Florida follows the principle of comparative negligence, which means that your compensation can be reduced if you are found partially responsible for the dog bite incident. For example, if you provoked the dog or entered the owner’s property unlawfully, the court may assign you a percentage of the blame. Your compensation will then be reduced by that percentage. For instance, if you were found 30% at fault, your total damages would be reduced by 30%. This principle underscores the importance of providing clear evidence that the attack was unprovoked and occurred under lawful circumstances. 

“Dangerous” Dog

In Florida, if a dog has been legally declared dangerous, this significantly impacts the compensation claim. A dangerous dog is one that has previously displayed aggressive behavior or caused injury, as documented by animal control or the courts. If the dog that bit you was previously labeled as dangerous, this increases the owner’s liability. Not only can you seek compensation for your medical expenses and lost wages, but the heightened responsibility of the owner can also lead to additional compensation for pain and suffering. 

How Does a Dog Become Declared Dangerous?

A dog may be declared dangerous after an investigation by animal control, typically following an aggressive incident. This involves several steps: 

• Incident Report: The event is reported to local authorities, often following a bite or attack. 

• Investigation: Authorities will assess the dog’s history and circumstances around the incident to determine if the dog poses a threat. 

• Owner Notification: If deemed dangerous, the owner is informed and given an opportunity to contest the decision in a hearing. 

• Hearing: During the hearing, the owner can present evidence, and a final decision is made. 
• Decision: If declared dangerous, restrictions such as mandatory muzzling in public or confinement on the owner’s property will apply. 

Severity of Injuries

The extent of the injuries sustained in the attack is one of the biggest determinants of compensation. Severe injuries requiring surgery, long-term rehabilitation, or causing permanent scarring or disfigurement generally result in higher compensation than minor injuries. Emotional trauma and psychological damage, such as post-traumatic stress disorder (PTSD), may also be considered in the calculation of damages. 

Location of the Incident

The location where the dog bite occurred is crucial in determining liability. If the attack happened on the dog owner’s private property, the owner is generally held liable unless the victim was trespassing. In public spaces, such as parks or sidewalks, the owner is still liable for the actions of their dog, but certain defenses may be raised, such as whether the dog was provoked. Understanding whether the incident occurred in a public or private setting can have a significant impact on your claim and the applicable legal defenses. 

If you have suffered a dog bite, it is crucial to seek the help of a personal injury lawyer. A skilled lawyer will guide you through the legal process, helping you understand your rights and the laws that govern your case. Consultations with personal injury lawyers are free and most work on a contingency basis, so you can explore your options without any initial financial burden. Despite the difficulties, it is important that you don’t let the aftermath of a dog bite disrupt your life for longer than needed. The job of a personal injury lawyer is to advocate for your needs, cover your medical expenses, and address your pain and suffering. Remember, you don’t have to face this challenging time alone—legal help is available to support you every step of the way.