Dog Bite Accidents – What To Do & Who Is Liable
Florida is one of the most dog-friendly places in the country, with many establishments and beaches throughout the state boasting pet-friendly atmospheres. So it’s not rare to see Fido out and about with their owners in public. While dogs are man’s best friend, these animals can still be unpredictable at times. This is especially true if they are in an unfamiliar area or if they are meeting a new person for the first time. Personal injury due to a dog bite is an unfortunate and usually unpredictable situation, so it is vital to know what comes next.
Florida’s Dog Bite Statute
According to FLSA 767.04, the owner of any dog that bites any person, whether it be in public, lawfully on or in a private place (including the property of the owner) is liable for the accident. Florida is a strict liability state when it comes to dog bites. This means that even if the dog’s owner had no prior knowledge or warning that the dog might bite someone, the owner can still be held responsible for injuries suffered. The injured person does not need to prove negligence in dog bite accidents.
Deadlines To File a Dog Bite Claim
The Statute of Limitations in Florida declares that an injured person has 4 years after the day the dog bite injury occurred to file a suit. This is the same across all personal injury accidents. If you do not file within 4 years, the case will be thrown out. Hiring an attorney to handle a dog bite injury accident does not necessarily mean you have to sue the dog owner. It’s beneficial to have a dog bite lawyer on hand that can help handle communication with your insurance company so that the claim gets resolved as quickly and easily as possible.
What To Do If Your Dog Bites Someone?
When your dog bites someone, no matter the reason or their potential actions before or after the event, it is your responsibility to act swiftly. Immediately confine the dog in a crate or separate area and offer first-aid to the bite victim. If the injury warrants, contact 911 for emergency medical attention.
As soon as you are able, be sure to get a copy of your dog’s medical records, particularly their vaccination history. If necessary, inform local authorities of the incident and comply with their orders. If the victim pursues legal action, there are two common defenses to a dog bite claim depending on the situation.
Florida’s dog bite law requires an injured person to be “lawfully” in the place where the bite occurred in order to recover damages. If the victim was not legally on your property, otherwise known as trespassing, the owner can argue that the injured person is not entitled to collect damages.
Another defense a dog owner might raise is that of comparative negligence. Under Florida’s dog bite law, if a dog bite victim’s own negligence is partly the cause of the dog bite, the amount of damages a liable owner must pay will be reduced by a percentage equal to the percentage of blame assigned to the injured person. An example of comparative negligence in a dog bite accident is if a victim were at a friend’s house for a party, and as they walk through a room they accidentally step on the tail of the owner’s dog. The dog, in turn, reacts with a bite. In court, a jury may find that the victim was actually partially responsible for the bite. If they were granted a certain amount of damages, the total would be reduced by the percentage of fault assigned to them.
Whether you are the victim of a dog bite or the owner of a dog that has bitten someone, it is important to ensure that the injury is treated properly. Once that is complete, further action should be taken to guarantee that an accident like this will not happen again. A reliable attorney will be able to help on both sides of the case. If you need assistance in a dog bite case, the attorneys at Avera & Smith are here to listen. Give us a call, or schedule a free consultation