Understanding The Basics Of Florida Dog Bite Laws
Michael Babboni
Personal Injury
None of us like to think that we can be bitten by a dog. When we think of being bitten the image of a vicious junkyard dog comes to mind. However, here in Florida the statistics show a different picture:● Children under 14 are at the highest risk with boys being bitten more than girls
● Most dog bites with children are dogs that are familiar to the family
● Dogs off of a leash or outside the owners property account for ⅓ of all dog bites
● In Florida, two deaths per year are a result of dog bite injuries
If you live in Florida and have been a victim of a dog bite, you may be able to file legal action to be compensated for your expenses. It is important that you hire a personal injury attorney because dog bite laws are complicated.
Two Types Of Florida Dog Bite Laws
First of all, Florida has two dog bite laws, strict liability and negligence. If you have been bitten and are not sure which category your bite falls under a good personal injury attorney who is well versed in dog bite statutes can help you file a claim in the correct law. The two laws are:
• Strict Liability:
Strict liability states that the owner of the dog is liable for any injuries their dog has caused. This means that if the dog attacks you, the owner is automatically liable for your injuries. This differs for other laws known as “one bite” laws that does not find the owner at fault unless the dog has already bitten someone previously. Now there are exceptions to the rule. These include:
● If you are trespassing
● Military or police dogs doing their duty
● Damages to property due to a vicious dog
● If you were provoking the dog by hitting or poking it with a stick.
● If there is a sign posted warning about the dog
• Negligence:
Besides filing under strict liability you can also file on the grounds of negligence. Negligence in dog bites is when the dog owner has the duty to make sure their dog is not running around loose in the neighborhood or the owner is not following the leash laws. This is called duty of care. It is the duty of the owner to make sure that their dog is not running loose, allowed to roam the neighborhood, gets vaccinations, etc. These are all items that a reasonable dog owner would do. Since they failed to act in a reasonable manner and the dog bites you, they are being negligent.
Dog Bite Injuries and Damages
When you are bitten by a dog the injuries and damages sustained can be long term and devastating. Some of the most common damages you can get from a dog bite include:
● Cuts and bruises
● Permanent scars
● Broken bones and fractures
● Soft tissue damage
● Permanent injuries
● Traumatic brain injuries (TBI)
● Post traumatic stress disorder (PTSD)
● Nerve damage
Legal Damages In Dog Bite Claims
While every dog bite is a unique situation and every claim is different, the state of Florida will allow you to collect compensation. As a victim you can be compensated for both economic and non-economic damages. The damages you can request include:
● Past and future medical expenses
● Lost wages past and future
● Therapy, medication, and rides to and from medical facilities
● Pain and suffering
● Punitive damages
● Reduced earning capacity
If you have been a victim of a dog bite in the St. Petersburg area, call The St. Pete Lawyer. Our legal team only works on personal injury cases and specialize in dog bite claims. We know how to file a lawsuit and how much to ask for in compensation, so you can sit back and worry about healing. Call us today to see how we can help you to get compensated to the fullest.