I’ve Been Bitten By a Dog - Can I Sue?
Florida law treats dogs as property, meaning that the animal’s owner is liable for any harm their animal causes. Florida is a strict-liability state for dog attacks; even if the animal has not bitten before, the owner can still be held liable for your losses. Your medical bills, property damage, and a fair sum for your pain and trauma are damages that most dog bite victims suffer.
Although dog bites are fairly common personal injury claims, many plaintiffs find that there are unexpected hurdles between them and fair treatment and compensation. The advice and advocacy of our Lakewood Ranch dog bite lawyer can help you stand up for your rights and get justice.
How Florida’s One-Bite Rule Impacts Your Claim
Florida is not a “one bite” state. Some states do follow a “one bite rule,” which essentially gives a dog “one free bite” before its owner can be held liable in court. Instead, Florida’s strict liability law, Florida Statute § 767.04, states that an owner is legally responsible for damages the first time a dog bites someone. Whether the dog had a history of aggression or if the owner didn’t know it was dangerous doesn’t have to be a factor in the owner’s liability.
This makes pursuing your claim easier, as all you have to prove is that you were bitten by the defendant’s dog, and that you were either in a public place (like a park) or lawfully on the dog owner’s private property, like a delivery driver dropping off items or a party guest.
There are exceptions to the strict liability rule. Trespassers generally cannot claim damages if they are bitten while unlawfully on someone else’s property. Owners may also be able to avoid liability if they have clearly posted signage warning of a dangerous dog that uses the words “Bad Dog.” However, if the victim was under 6 or if the owner was otherwise negligent, then the presence of that sign may not absolve them of liability.
What Can I Expect From a Dog Bite Lawsuit?
In Florida, most dog bite claims are paid by the owner’s homeowner’s or renters’ insurance. When you file your lawsuit, that’s usually the party responsible for paying your damages.
One cautionary note for dog bite plaintiffs is that you, as the victim, may be under pressure by the dog’s owner to drop your suit or may be accused of provoking the attack. Even child victims in dog bite cases are often subject to victim-blaming.
Part of this may be the dog owner’s reluctance to admit that their pet caused serious injury to someone. Another reason many defendants attempt to shift blame onto the victim may be Florida’s comparative negligence laws.
Victims in personal injury claims, which is what a dog bite usually is, are eligible to recover damages if they contributed less than 50% of the fault for the attack. Insurance companies know this, even if the dog owner doesn’t, and so may seek any reason to assign most of the blame to the victim.
Working with a lawyer can help you avoid being unfairly blamed for the attack.
How a Florida Dog Bite Lawyer Can Help You
A Florida dog bite lawyer builds a case connecting the dog bite to your injuries and losses. We investigate the attack and identify the at-fault party, who may be either the dog owner or someone in control of the dog, such as a dog walker or a doggie daycare manager.
At Guardian Legal Counsel, we handle all legal requirements, including filing the claim on your behalf, negotiating with the insurer, and initiating litigation if we’re unable to resolve the matter out of court.
You may be entitled to compensation to cover your medical bills, ongoing care and rehabilitation, plus a fair amount for your pain and suffering. We also handle communications with the dog’s owner, their lawyer, and insurer, so nothing you say can be misconstrued as an admission of fault.
Contact Our Lakewood Ranch Dog Bite Lawyer Today
If you or someone you love has been injured in a dog attack, we’re ready to help you. As your legal representative, Guardian Legal Counsel can serve as your point of contact with the other party, so you can heal in peace. We pursue full and fair compensation for all your losses. Please contact us today for a complimentary consultation.