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 Statute 767.04) In some cases, dog owners have homeowners insurance that will cover the expenses caused by the injuries. Speak with a local Dog Bite Laws in Florida. In these situations, the owner must take specific precautions and follow strict rules regarding the animal. Dog bite laws in Florida exist to identify who is liable for any damages when these attacks occur. Florida uses a statutory strict liability standard for animal attacks. 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. But you don’t have to do it alone. Negligence in Florida. This liability may be reduced if the bite is because of the negligence of the person bitten. As the statistics above demonstrate, dog bites are a common occurrence in Florida. Florida Dog Bite Laws. Florida Statute section 767.04 governs the law pertaining to dog bite injuries. Let a dog bite attorney help you obtain a favorable outcome in your dog bite case. Florida law 767.04 is Florida’s dog bite law. A severe injury is one that causes broken bones, multiple bites, or disfiguring lacerations that require sutures or reconstructive surgery; Dog bite defenses seek to dissociate the dog owner from the damage inflicted by the dog. 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. Read on to join us as we explore common dog bite defenses in regards to Florida law. Section 767.04 holds dog owners liable when their animal bites and injures someone. When dog bite injuries occur, victims may be eligible for monetary compensation for medical bills, corrective surgeries (i.e., in cases involving scarring and other permanent injuries), lost wages, pain and suffering, mental anguish, and emotional distress. Under this section, there is no need to prove that the dog was dangerous. 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. There are two legal theories that states use to determine liability for a dog attack. Under Florida law, owners of dogs are Strictly liable for any attack. 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. Dog bite common law only held dog owners liable when the owner had reason to know that their dog was dangerous. Dolman Law Group800 North Belcher RoadClearwater, FL 33765(727) 451-6900, A Team Committed to Personal Service and Accessibility. 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. 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. 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. 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. The dangerous dog statute is an important statute within Florida dog bite laws meant to protect the public from dangerous dogs. , and intentional torts. Florida is a “strict liability” state in terms of dog bites. 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 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. Save hours of work! 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. 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. Conversely, the common law approach meant that owners would not be liable for dog bites if they had no reason to know that their dog had a propensity to bite … For example, maybe you sustained a dog bite at a Florida residence when legally performing work on someone’s property. The Florida dog bite statute. Florida law provides several bases of recovery for dog bite victims, including statutory strict liability, negligence, negligence per se, and intentional torts. Usually, it does not matter how extensive your wounds are. 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. 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. They explain why a postal worker bitten by a dog in Orlando might be able to claim damages, while a person trespassing and harassing a dog in Jacksonville might not. Florida Dog Bite Liability Laws. of the Florida Dog Bite Statute, dog owners can be held strictly liable when their dog bites a person and causes an injury. 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. © 1999-2021 Kenneth Morgan Phillips. 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 law says that a dog owner is liable for damages because of a dog bite even if the owner has no prior knowledge of the dog’s propensity to bite. Fla.Stat.§767.01 states very clearly that owners of dogs shall be liable for any damage done … Fortunately, there are important laws in Florida that protect animal attack victims. The 2020 Florida Statutes. 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. However, the claimant cannot have contributed to the bite and injuries in any way. 767.04 Dog owner’s liability for damages to persons bitten.—. 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. 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. Common law dog bite claims may be brought against dog owners to the extent not covered by Florida’s Dog Bite Statute (Florida Statute §767.04). , 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. These Florida statutes outline the state's dog provisions, which mainly cover dangerous dog/dog bite laws. 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. However, if a dog or any other pet injures you without biting – by knocking you over and injuring you, for example – you can still take legal action with an injury claim based on negligence. 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. ® All Rights Reserved. Florida Dog Bite Law: Strict Liability. 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. Contact a Clearwater Dog Bite Lawyer Today to Discuss Your Case. Trying to decipher when a person is liable for their dog’s actions can be hard to understand. 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. 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. There are two Florida dog bite laws. Click here for further legal notices. Florida Dog Bite Laws . Dangerous dogs are typically impounded and put down if the injuries they cause are severe. 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 … Dog bite laws vary by state and often are confusing combinations of the "one bite" rule and county ordinances, state law, and case law. 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. In Florida, there is a statute that’s specific to dog bites, and that’s statute FLSA 767.04. The second legal theory is known as strict liability. Overview of Florida dog bite law. A highly rated legal best-seller. Dog owners can be held liable for any damages their dogs inflict. Injuries and damages sustained in dog bite cases can potentially be catastrophic and long-term. 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. Before the statute, Florida followed the common law. For example, an owner would be held liable if the dog bit someone before. 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. It is likely that the dog owner will try his best to protect his dog and finances from justice. 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. Just about all the interrogatories, deposition questions and more that a plaintiff's attorney will need, for less than the cost of typing them. Florida Dog Bite Laws. 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. Florida law treats injuries caused by dog bites with a strict liability standard. Tips and Tricks for Dog Bite Lawyers has all the practice pointers and winning strategies that a victim's lawyer needs. Since time may be of the essence, you should not delay in seeking skilled legal representation in your dog bite case. Florida dog owners are responsible for any and all of the damages caused by their canines. Pursuant to. 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. 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. In other words, under Florida’s statutory strict liability standard, the dog owner can still be deemed liable for a dog’s bite injuries, even if the dog has never bitten anyone in the past or previously exhibited any vicious or aggressive propensities, such as growling or gritting its teeth at passersby. 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, To schedule a free consultation and case evaluation with a Clearwater dog bite lawyer, please call us at (727) 451-6900 today or, © 2021 Dolman Law Group. In other words, if a dog bites, the dog owner pays for the victim’s damages. Florida law requires the victim of a dog bite injury to be “lawfully” in the place where the bite occurs. When do you need to hire a personal injury lawyer? They can be held criminally responsible for any injuries caused by a dangerous … The knowledgeable Clearwater dog bite lawyers at Dolman Law Group can ensure that all applicable time deadlines are considered and met in your case. Dog bites can result in very serious injuries to adults and children alike. Florida recently recorded the highest average amount ($38,400) per dog bite insurance claim in the country, with 146 payments totaling $5.6 million. proximately resulting in the dog bite and the victim’s subsequent injuries. 2 This article provides a springboard into this dynamic area of law, explaining the general legal … Under Florida law, in order to obtain compensation after a dog bite, you should prove: 1. This is the standard that most injury claims follow. So … 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 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. 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. One is known as strict liability and the other is negligence. This same deadline applies to all personal injury cases in Florida. 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. Good throughout the USA. Dog Bite Liability. Demand Letter and Brief for Dog Bite Case, Avoiding Liability When Working With Dogs, The "Bad Dog" sign exception to the Florida statute, Non-bite injuries to person or animal in Florida, Litigation forms and other materials for attorneys, If your case involves injury to a dog, see When a Dog Is Injured or Killed, The Undemurrable Complaint and Supporting Authorities - California. The knowledgeable dog bite lawyers at Dolman Law Group are aware of all filing deadlines and can ensure that your legal rights are preserved. 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. Under Florida Law, a Dangerous Dog is: a dog that has aggressively bitten, attacked, endangered, or inflicted a “severe injury” on a human. Florida Protecting Citizens With Dangerous Dog Laws. Statutory Strict Liability . Other states in addition to … Florida’s strict liability rules do not apply to everyone in the dog bite context. Download and use today. In serious cases, an aggressive dog may be declared as dangerous under Florida law. Florida’s Animal Attack and Dog Bite Laws. 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. | Law Firm SEO by, About Dolman Law Group Accident Injury Lawyers, PA, About Sibley Dolman Accident Injury Lawyers, LLP. The first type of law that covers dog bites in Florida is known as strict liability. The first theory is known as negligence. In fact, dog bites are so common that the Florida Legislature has passed very specific statutes that dictate the extent of a dog owner’s liability if their dog attacks or injures a human or another person’s animal. Florida’s strict liability dog bite law covers only the injuries caused by dog bites. Florida is a “strict liability” state for dog bite accidents. Florida's dog bite law requires an injured person to be "lawfully" in the place where the bite occurred in order to recover damages. 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. 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. The bite victim doesn’t have to show how the dog owner acted unreasonably or created an unsafe situation. 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. Florida Dog Bite Law. Liability for Dog Bites. 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 … A person who is trespassing on private property without permission is not "lawfully" on the private property. Florida Dog Bite Statutes The way that the Florida dog bite laws affect your claim depends on the circumstances of the bite or attack. In addition, the injured person has no burden of proof that the owner’s lack of reasonable care caused the bite. When that happens, the dog bite victim may be entitled to monetary compensation for injuries and damages sustained. All rights reserved. Lawfully Upon … 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. When do you need to hire a car accident lawyer? Unlike many other states, Florida has a statute that governs dog bites. Download and use today. Florida’s statute of limitations is a hard-and-fast deadline. Fortunately, dog bite laws in Florida are very victim-centered. Permanent scarring (especially facial scarring). Good throughout the USA. Florida, like many other states in the country, utilizes a legal standard known as statutory strict liability when it comes to dog bite cases. Type of law that covers dog bites are a common occurrence in Florida that protect animal and. States use to determine liability for a dog bite common law ) in some cases dog... Any way are severe and put down if the bite a Clearwater dog bite defenses seek to the! 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