Dog Bite Claims in Florida

If you’ve been bitten by a dog in Florida, you have specific legal rights under Florida Statute §767.04. This law outlines the liability of dog owners for injuries caused by their dogs , whether the incident occurs in a public place or while you are lawfully on private property. Understanding this statute is crucial for victims seeking compensation for their injuries.

Under Florida law, dog owners are held strictly liable if their dog bites someone who is in a public place or lawfully in a private place. This means that as a victim, you do not need to prove that the dog had previously shown aggressive behavior or that the owner knew of any such potential for aggression.

Strict liability in the context of dog bites means that a dog owner is held legally responsible for any injuries their dog causes by biting someone, regardless of the owner’s knowledge of the dog’s previous behavior or the specific circumstances leading up to the bite. This legal principle simplifies the victim’s ability to receive compensation because they do not need to prove that the owner was negligent or that the dog had a history of aggression. The owner’s liability is automatic when the bite occurs in a public place or while the victim is lawfully on private property, streamlining the legal process for victims seeking justice and damages.

This statute is designed to protect individuals in both public settings and private properties, including workers performing their duties and guests. It ensures that victims of dog bites can seek compensation for their injuries without the burden of proving owner negligence, simplifying the legal process and focusing on recovery and restitution.

Exceptions and Defenses in Dog Bite Cases

While the statute generally favors the victim, there are a few exceptions and defenses that can impact your claim:

Contributory Negligence: If your actions contributed to the incident, such as teasing or provoking the dog, your compensation may be reduced proportionally to your degree of fault.

Trespassing: If you were not lawfully on the property at the time of the bite, you may not be covered under this statute. Lawful presence includes performing duties imposed by law or being an invited guest.

Warning Signs: The presence of a clearly visible and readable “Bad Dog” sign on the property can limit the owner’s liability. However, this defense is not applicable if the victim is a child under the age of six, or if the owner’s negligence directly caused the injury.

Legal Implications and Rights of Dog Bite Victims

The clear stipulations of this statute reinforce the need for dog owners to maintain strict control over their pets and take preventive measures against potential attacks. As a victim, understanding these legal frameworks is key to asserting your rights and securing just compensation. It’s important to document the incident thoroughly, seek immediate medical attention, and collect evidence, such as photographs of the scene and witness statements.

If you’ve been injured, consulting with a knowledgeable attorney who concentrates in personal injury and dog bite cases can provide you with the guidance needed to navigate the claims process effectively. An experienced lawyer can help ensure that all factors are considered, including the possibility of owner negligence and the impact of any warning signs.

Contact Smith, Ball, Báez & Prather

Being bitten by a dog can be traumatic and painful, but Florida law is on your side. At Smith, Ball, Báez & Prather, we are committed to helping dog bite victims understand their rights and pursue the compensation they deserve. If you or a loved one has been injured in a dog bite incident, contact us today. Our experienced personal injury attorneys will work diligently to protect your rights and ensure that you receive the compensation necessary for your recovery.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/Sections/0767.04.html