Dangerous Dogs And The Damages They Can Cause
Michael Babboni
Personal Injury
Some people say that a family isn’t complete until it has a dog. Therapy dogs can be lifesaving, emotional support dogs can be sanity saving, and a dog who loves you unconditionally can save you from a bad day.But what happens when man’s best friend turns unfriendly? What do you do when a random encounter goes wrong and you end up the victim of a dog bite? With 4.5 million people suffering from dog bites each year, it’s good to know what to do if the unfortunate event happens to you.
Most Dangerous Dogs
The two most dangerous breeds of dogs are Pit bulls and Rottweilers, but there are other dogs that are considered to be dangerous based on their attacks on humans in the past 13 years:
• German shepherd
• African bulldog
• Mastiff/Bullmastiff
• Husky
• Cane corso
• Labrador retriever
• Boxer
• Doberman pinscher
• Alaskan malamute
• Mixed breeds
In the U.S., research shows that the Pitbull was responsible for 284 fatal attacks between 2005 and 2017. During this same time period, Rottweilers caused 45 fatal attacks, and German shepherds caused 20.
Aside from the fatalities, 28,000 people in the U.S. had reconstructive surgery after being attacked by a dog in 2015. That same year, homeowners’ liability insurance paid out almost 700 million dollars in claims due to injuries related to dog bites.
The average cost per claim in a dog bite case rose 90 percent between 2003 and 2017 due to increasing medical costs.
Dog Bite Liability Under Florida Law
Under the Florida law, a dog owner can be held responsible for any injuries caused by a dog bite that occurs when the victim is lawfully on private or public property. In some cases, the owner can be held responsible for other injuries that occur as a result of an action that the dog takes. For instance, if a person is knocked down by an unruly dog and injured in the fall. This can happen easily when it comes to large, powerful breeds such as the Mastiff or the Rottweiler.
Since Florida is a strict liability state when it comes to dog bites and related injuries, the owner may be held responsible even if they had no prior knowledge or warning that the dog could bite.
The Laws Surrounding Compensation
Compensation recovery is possible, as long as the injuries fall under one of these common law claims:
• Negligence. The owner of the dog can be held negligent if they failed to provide a level of care that any other reasonable person would have provided under the same circumstances.
• Negligence per se. The dog owner can be held liable if they violated regulations put in place to protect and ensure the safety of the public.
• Prior knowledge. This states that anyone with knowledge of a dog’s attack history (or attempted attacks) can be held liable.
• Intentional tort. This angle may be pursued if the owner intended for the dog to attack the victim.
• There are, however, some limitations where the dog owner’s liability can be reduced or even eliminated.
• If the victim was trespassing or unlawfully on the owner’s property.
• If the victim provoked the animal.
• If the dog was in defense of the owner over a perceived attack.
• If there were posted warning signs announcing the possibility of an attack.
If you’ve been bitten by a dog and are having trouble with your claim, seek help from a personal injury lawyer St. Petersburg who knows how to handle dog bite claims. With the complexity of the laws, having an experienced lawyer by your side will get you the fair compensation you deserve.