Dog bites can be traumatic and life-altering experiences, leaving victims with physical injuries, emotional scars, and mounting medical bills. In Florida, dog bite accidents are unfortunately all too common, given the large number of dog owners across the state. When a dog bite occurs, one of the most pressing concerns is determining who is liable for the injuries sustained—the owner of the dog or the victim themselves. Understanding the intricacies of Florida’s dog bite laws is crucial in navigating the aftermath of such an incident. The state’s legal framework provides clear guidelines on liability, but various factors can complicate the determination of who is ultimately responsible for the injuries.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
Florida’s Dog Bite Law
In Florida, the law regarding dog bite liability is primarily governed by a principle known as “strict liability.” This means that the owner of a dog is held responsible for any injuries their dog causes, regardless of whether the owner was negligent or had prior knowledge of the dog’s aggressive tendencies. Florida Statute 767.04 explicitly states that a dog owner is liable for damages if their dog bites a person who is in a public place or lawfully on private property, including the dog owner’s property. This liability applies even if the dog had never exhibited aggressive behavior before or if the owner had taken steps to prevent the bite, such as keeping the dog on a leash or behind a fence.
Strict liability places a significant burden on dog owners to ensure that their pets do not pose a threat to others. However, it also provides a straightforward path for victims to seek compensation for their injuries. In many cases, the strict liability rule means that the dog owner will be responsible for covering the victim’s medical expenses, lost wages, pain and suffering, and other related damages. This aspect of Florida’s dog bite law is designed to protect victims and hold dog owners accountable for the actions of their pets.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars” - Yari Yes Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful." - Llubikza Kairuz Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him." - Patrick Dollar
Exceptions to Strict Liability
While Florida’s strict liability law seems to heavily favor the victim in dog bite cases, there are exceptions that can reduce or eliminate the dog owner’s liability. One of the most significant exceptions is when the victim’s own actions contributed to the bite. For instance, if a person was trespassing on the owner’s property at the time of the bite, the owner may not be held liable. Florida law specifically limits the liability of dog owners in cases where the victim was unlawfully on the property. Additionally, if the victim provoked the dog, such as by teasing, hitting, or otherwise antagonizing the animal, the owner’s liability may be reduced. In these instances, the court may apply a comparative negligence standard, where the victim’s compensation is reduced by the percentage of their fault in causing the bite.
Another key exception involves the presence of warning signs. Florida law allows dog owners to avoid liability if they have prominently displayed a sign on their property that reads “Bad Dog” or a similar warning. This defense is only applicable if the victim is over the age of six and the sign is clearly visible. The reasoning behind this exception is that the warning sign serves as a deterrent, placing the onus on the visitor to proceed with caution. However, even with a warning sign, if the owner was negligent in some other way, such as allowing the dog to roam freely outside the property, they may still be held liable.
Victim’s Rights and Responsibilities
Victims of dog bites in Florida have the right to pursue compensation for their injuries, but they also have certain responsibilities under the law. One of the primary responsibilities is to demonstrate that the bite occurred in a public place or while they were lawfully on private property. This often involves providing evidence such as eyewitness testimony, medical records, and, in some cases, photographic evidence of the injuries and the location of the incident.
It is also important for victims to seek medical attention immediately after a dog bite, not only for their health but also to document the extent of the injuries. Medical records play a crucial role in establishing the severity of the bite and the corresponding damages. In some cases, the victim may also need to show that they did not provoke the dog or contribute to the incident in a way that would reduce their compensation.
Victims should be aware that the statute of limitations for filing a dog bite claim in Florida is four years from the date of the incident. Failing to file a claim within this period can result in losing the right to seek compensation. Additionally, if the victim is a minor, the statute of limitations may be extended, allowing the claim to be filed within four years of the child’s 18th birthday.
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Role of Homeowners’ Insurance in Dog Bite Cases
In many dog bite cases, the financial responsibility for compensating the victim falls on the dog owner’s homeowners’ insurance policy. Most homeowners’ insurance policies provide coverage for liability arising from dog bites, up to a certain limit. This coverage can help pay for the victim’s medical bills, lost wages, and other damages. However, there are often exclusions and limitations within these policies. For example, some insurance companies may exclude coverage for certain breeds deemed to be high-risk, such as pit bulls or rottweilers. In other cases, if the dog has a history of biting, the insurance company may refuse to cover future incidents.
It is important for both dog owners and victims to understand the role of homeowners’ insurance in dog bite cases. For dog owners, having adequate insurance coverage is essential to protect their financial interests in the event of a bite. For victims, knowing whether the dog owner’s insurance will cover their damages can influence the decision to pursue a claim and how much compensation to seek.
Defending Against a Dog Bite Claim
Dog owners facing a dog bite claim in Florida have several potential defenses at their disposal, depending on the circumstances of the incident. One common defense is to argue that the victim was trespassing at the time of the bite. If the owner can prove that the victim was on their property without permission, the strict liability rule may not apply, and the owner may be absolved of responsibility.
Another defense is provocation. If the owner can demonstrate that the victim provoked the dog, whether intentionally or unintentionally, the owner’s liability may be reduced. For example, if the victim was playing roughly with the dog or startled the dog in a way that led to the bite, the court may consider these actions when determining liability.
Additionally, if the owner had a “Bad Dog” warning sign on their property, this can serve as a defense, provided that the victim was aware of the sign and still chose to enter the property. However, this defense is not absolute and may be challenged if the victim can show that the owner was negligent in other ways, such as by failing to secure the dog properly.
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Importance of Legal Representation
Navigating the legal complexities of a dog bite case in Florida can be challenging for both victims and dog owners. The state’s strict liability law, combined with various exceptions and defenses, makes it crucial for individuals involved in a dog bite incident to seek legal representation. An experienced attorney can help victims understand their rights, gather the necessary evidence, and negotiate with insurance companies to ensure they receive fair compensation. For dog owners, legal representation is equally important in mounting a defense and protecting their financial interests.
A lawyer can also assist in cases where the dog owner’s insurance company denies coverage or offers a settlement that does not adequately compensate the victim. In such situations, the victim may need to pursue legal action to obtain the compensation they deserve. On the other hand, a lawyer representing the dog owner can help negotiate with the victim’s legal team to reach a fair settlement or defend the owner in court if necessary.
In Florida, the question of who is liable in a dog bite accident is largely determined by the state’s strict liability law. In most cases, the dog owner is held responsible for the injuries caused by their pet, even if they were not negligent or aware of the dog’s aggressive tendencies. However, exceptions such as trespassing, provocation, and warning signs can complicate the determination of liability and may reduce or eliminate the owner’s responsibility. Victims have the right to seek compensation for their injuries, but they must also meet certain legal requirements and deadlines to pursue their claims successfully.
Given the complexities of Florida’s dog bite laws, both victims and dog owners can benefit from seeking legal representation. A skilled attorney can provide the guidance and support needed to navigate the legal process, whether it involves negotiating with insurance companies, gathering evidence, or presenting a case in court. For those involved in a dog bite incident, understanding the law and taking the appropriate legal steps is essential to achieving a fair outcome.
If you or a loved one has been involved in a dog bite incident in Florida, the Victory Law Firm, P.A. is here to help. Our experienced legal team is dedicated to protecting your rights and ensuring that you receive the compensation you deserve. Contact us today to discuss your case and learn how we can assist you in navigating the complexities of Florida’s dog bite laws.