Dog Bite Cases In Florida

Few people want to think that their family dog would be capable of causing severe injuries to anyone. However, these cases are sadly common, and can cause sadness and suffering for everyone involved. Dog bite cases are handled fairly strictly in Florida, and if you have been the victim of an uncontrolled dog, you do have the right to seek compensation from the owner.

Owner’s Responsibility To Control Their Dog

There are many different kinds of dog bite injuries, and they run the gamut from cuts and scratches to traumatic brain injuries (TBIs). Contrary to popular belief, any dog of any breed is capable of inflicting serious injury on a person, and Florida law takes that seriously. Because of the potential damage a dog can do to a bite victim, Florida’s law governing dog bites is grounded in a legal theory known as strict liability.

In strict liability, it is not necessary to establish liability in a defendant – the mere fact that the law has been broken establishes that the plaintiff can recover damages. This may seem unfair, particularly given that dogs can be unpredictable – but the onus is on the dog’s owner to police their dog’s behavior, given the potential risk to the man on the street.

Strict Liability vs Negligence

Florida’s law is fairly unambiguous, and establishes a clear obligation for the owners of dogs who bite. It states that a dog owner is generally liable if their animal bites someone while on public property or when that person is lawfully on private property. That said, it is important to keep in mind that if a person is trespassing, or if the bite victim is found to have acted negligently in some way, the dog owner’s liability will be reduced or eliminated.

Under strict liability, it is not necessary to prove that the dog had any kind of dangerous history or behavior – but if the victim is partially responsible for their own injuries, they may not be able to recover financially. It is possible in some cases, however, to file suit against a dog owner under a theory of ordinary negligence. This means that you can file a standard personal injury lawsuit, but this means you must establish certain criteria before the dog owner is found liable.

Contact A Maitland Personal Injury Attorney

Being bitten by an animal is a traumatic experience for everyone involved. If this has happened to you, a Maitland personal injury attorney from the Hornsby Law Group can help you work toward the most appropriate outcome. Call our office today at (407) 871-6375 to schedule a consultation.

Source:

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