What You Should Know When Pressing Charges for Dog Bite

Common Dog Bite Injuries

Dog bites can result in various injuries, ranging from mild to severe. Common dog bite injuries include:

  • Puncture Wounds:
    • Dogs have sharp teeth that can cause puncture wounds, leading to deep and narrow injuries.
  • Lacerations:
    • A dog bite can cause cuts and tears in the skin, potentially damaging underlying tissues.
  • Bruises and Contusions:
    • Blunt force trauma during a dog bite can cause bruising and contusions around the bitten area.
  • Infections:
    • Dog bites carry a risk of infection due to bacteria in a dog’s mouth. Infections can lead to redness, swelling, and pus at the wound site.
  • Fractures:
    • In severe cases, a dog bite can cause fractures, especially if the victim tries to defend themselves or if the force is significant.
  • Nerve Damage:
    • Dog bites may injure nerves, leading to pain, numbness, or weakness in the affected area.

Can you Charge a Dog Owner for a Dog Bite in Florida?

Yes, in Florida, you can generally pursue legal action against a dog owner if their dog bites you. Florida law imposes liability on dog owners for injuries caused by their dogs under certain circumstances. Here are some key points:

  • Strict Liability: Florida follows a strict liability standard for dog bites. This means that a dog owner can be held responsible for injuries caused by their dog, regardless of whether the dog has shown previous aggressive behavior or the owner was aware of such behavior.
  • Public Place vs. Private Property: The strict liability applies not only to injuries that occur on public property but also on private property, including the dog owner’s residence.
  • Negligence Claims: In addition to strict liability, a victim may also pursue a negligence claim. If the dog owner failed to take reasonable precautions to prevent a dog bite or knew about the dog’s aggressive tendencies, a negligence claim may be applicable.

In Florida, liability for dog bites is governed by strict liability laws, and the relevant statute is Florida Statutes Section 767.04. 

Liability Under Florida Dog Bite Laws

             Strict Liability:

  • Florida follows a strict liability standard for dog bites. This means that a dog owner is generally held responsible for injuries caused by their dog, regardless of the dog’s past behavior or the owner’s knowledge of such behavior.
  • Applies to Public and Private Property:
    • The strict liability extends to both public places and private property, including the owner’s residence. This distinguishes Florida from states that apply strict liability only to public places.
  • Florida Dog-Bite law:
    • Like many countries, Florida also made Florida dog bite law, where the owner is only held liable if they were aware of the dog’s aggressive tendencies. Florida should follow this rule strictly 
  • Defenses:
    • While Florida imposes strict liability, there are certain defenses available to dog owners. If the victim was trespassing or provoking the dog at the time of the incident, the owner may use these as defenses to reduce liability.
  • Statute of Limitations:
  • The statute of limitations for personal injury claims in Florida, including dog bites, is generally four years from the date of the incident. It’s crucial to file a lawsuit within this timeframe to preserve the right to seek compensation.

When Is the Owner Liable for a Dog Bite in Florida?

In Florida, the owner of a dog is generally liable for a dog bite when the incident occurs under certain circumstances, as outlined in the state’s strict liability laws. Here are key factors that determine when the owner is liable for a dog bite in Florida:

  • Dog Bite Occurs in a Public Place:
    • The owner is liable if the dog bite occurs in a public place, regardless of the dog’s previous behavior or the owner’s knowledge of aggression.
  • Dog Bite Occurs on Private Property:
    • Florida’s strict liability extends to private property, including the owner’s residence. The owner can be held liable for injuries caused by their dog even on their own property.
  • Victim is Legally Present:
    • The owner is liable if the victim is legally present on the property where the bite occurs. This includes invited guests, postal workers, and others who have a legal right to be on the property.
  • No Requirement for Previous Aggression:
    • Unlike some states that follow a “one-bite” rule, Florida does not require the dog to have a history of aggression or previous bites for the owner to be held liable. The owner is responsible regardless of the dog’s past behavior.
  • Exceptions for Trespassing or Provocation:
    • While Florida imposes strict liability, there are defenses available to dog owners if the victim was trespassing on the property or provoking the dog at the time of the incident. In such cases, the owner’s liability may be reduced.
  • Seek Legal Help in a Dog Bite Lawsuit

Seeking legal help is crucial if you’ve been a victim of a dog bite and are considering pursuing a lawsuit. Here are steps to take:

  • Immediate Medical Attention:
    • Seek medical attention for your injuries promptly. Your health is the top priority, and documenting your injuries is essential for your case.
  • Identify the Dog Owner:
    • Identify and gather information about the dog owner. This includes their name, contact information, and, if possible, information about their homeowner’s insurance.
  • Report the Incident:
    • Report the dog bite incident to local animal control and law enforcement. This creates an official record of the incident.
  • Collect Evidence:
    • Document the scene by taking photographs of the location, the dog, and your injuries. Collect contact information from any witnesses.
  • Preserve Evidence:
    • Preserve any evidence related to the incident, such as torn clothing, medical bills, and any communication with the dog owner or their insurance company.
  • Consult with a Personal Injury Attorney:
    • Schedule a consultation with a personal injury attorney experienced in dog bite cases. They can provide legal advice based on your specific situation and help you understand your rights and potential for compensation. Reach out now to Browning Law Firm for a free consultation on your case.

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