We all know certain breeds of dogs that are known to have vicious propensities. But even cute little dogs can cause serious injuries, including nasty bites. Sometimes the injuries involve puncture wounds or lacerations that can leave permanent scarring.
The Dog Owner May Be Strictly Liable for the Dog Bite
Florida has a “Strict Liability” Dog Bite Statute found at Section 767.04, Florida Statutes. That statute states that a dog owner is strictly liable for injuries if:
- the dog bites another person; and
- the dog bite victim is in a public place or lawfully in a private place at the time he/she is bitten.
“Strict liability” means that your lawyer does not have to prove negligence (i.e, that the dog owner’s lack of reasonable care caused the bite), or that the owner had prior knowledge or warning that the dog might bite. Rather, the dog owner is liable by virtue of the fact that the bite occurred while the victim was in a public place, or lawfully in a private place, at the time he/she is bitten. Your lawyer just has to prove the extent of your injuries and other losses caused by the bite.
Please note that the strict liability statute only applies to situations where the dog actually bites someone. It does not apply to situations where the dog causes injury a different way, such as knocking someone down. In circumstances like those, where there is no bite, your lawyer has to prove that the dog owner was somehow negligent, such as failing to leash or otherwise properly restrain the dog.
Many cities, towns, and counties have laws (ordinances) that specify when a dog must be leashed, and other laws governing how dogs should be handled. Violation of those laws may be used as evidence of negligence in your case.
Florida Statute of Limitations for Dog Bites
Dog bite (and other cases involving injury from a dog or other animal) have a four-year statute of limitations. This means that any lawsuit for such injuries must be filed no later than four (4) years from the date of injury. If you miss the four-year deadline, the court will likely dismiss your lawsuit forever. To ensure your case will be heard, make sure it is filed before the deadline passes.
What To Do after You’ve Been Bitten
If you are bitten by a dog, you should immediately photograph your injuries, call 911, and seek medical care and treatment. Your healthcare provider may recommend that you get a rabies shot, and that you take certain oral and/or topical antibiotics.
After a dog bite, you should also immediately contact the County Animal Care and Control Agency where you live, so it can conduct an immediate investigation. The investigator will likely request that you provide a sworn (notarized) statement about the incident. You should provide a carefully thought-out, detailed statement, and keep a copy of it for your files.
You should also open your own file about the incident, making notes about everyone you spoke to, when you spoke to him/her, and what was said. In the course of the investigation, the agency will also communicate with the dog’s owner to get that person’s version of the incident, to inquire about the animal’s history of bites/attacks, and vaccination history, and other information.
Ultimately, the agency will file a report that becomes a public record. Oftentimes, such reports can prove useful to your case, because the agency may uncover certain previously unknown, helpful facts about the dog and/or its owner.
Defenses to a Florida Dog Bite Claim
A Florida dog owner has two defenses to a dog bite claim: trespassing and comparative negligence. If you are bitten while trespassing, the argument will, undoubtedly, be made that you lacked permission to be on the property, and, therefore, you are not legally entitled to be compensated for your injuries and losses.
The other defense is one of comparative negligence. If you are at fault in any way for the bite, your recovery may be reduced by a percentage, by virtue of that fact.
If you were injured in a dog bite or were otherwise injured by a dog or other animal owned by someone, call an experienced dog bite lawyer at the Law Offices of Andrea D. McMillan, PA, at (561) 612-5700. Let us help you. We will fight for you.