When Man’s Best Friend Becomes Unfriendly
Michael Babboni
Personal Injury
Dogs are man’s best friend. They are furry companions who offer unconditional love and support to their owners without asking much more than love (and food) in return. These days, dogs seem to be everywhere, from airplanes to grocery stores. While this can be a beneficial thing for those who need their dogs to get around, it can be a dangerous thing for those whose dogs are not trained for such public outings.There is a difference between the family pet and a dog who has had extensive training to be certified as a therapy dog. Trained dogs are common helpers to those who are visually impaired, or have another type of need. They have gone through the proper certifications and they are often well-behaved and seen as safe.
Every Dog Is Different
Just as every person is different, so is every dog. Those who are not properly trained might not be comfortable with these public outings, and even those who are can get a case of the jitters when exposed to unfamiliar sights or sounds. Even the best behaved dog can nip at an unfamiliar hand that is coming at them quickly for a pat on the head, or the leg of a person standing nearby when a fire truck blasts its horn suddenly.
If you’ve been on the other end of the hand, or leg, that’s been met with a few terrier teeth, here are a few things you should know.
Florida Laws And Strict Liability
Florida has very strict laws regarding dogs and owner responsibility. Here, dog owners are held at least partially, if not fully, responsible in nearly every situation when their dog bites another person. The dog owner is fully responsible for the damages from a dog bite that occurs in a public place or on private property.
If a bitten person was negligent in some way that contributed to the bite, the dog owner is still responsible to some degree. This includes situations when it is proven beyond a shadow of a doubt that the bitten person provoked the dog or inflicted harm upon the dog that caused it to react in such a violent way. In cases of partial negligence, if the bitten person was found to be 30% responsible for the attack, they would still receive 30% of the total damage amount.
If the dog has a history of being dangerous, or if it has acted with aggression in the past, the dog owner can be held criminally liable and charged with a misdemeanor if it attacks a person without provocation.
Not only are owners responsible for medical bills and pain and suffering, they are liable if the bitten person suffers from Post-Traumatic Stress Disorder (PTSD) any time after the event, which can be very common when it comes to a dog-bite situation.
The Bad Dog Exemption
The dog owner can be exempt of responsibility on one condition, often referred to as the Bad Dog exemption. If the incident happens on the dog owner’s property and the property contains a very obvious and observable sign that says “Bad Dog” or “Beware of Dog,” the owner can be found exempt from liability. The sign must be easy to read and prominently displayed. Also, the victim must be over the age of six, as a victim who is younger might not be able to read the sign.
This is why dog owners must proceed with extreme caution when it comes to the safety of their friends, family, and visitors when it comes to interactions with Fido.
When You Need Help
If you have been the victim of a dog bite, you might suffer more than just broken skin. Having an attorney who knows the laws in the state of Florida is the best recourse you can take to begin healing inside and out. Contact us today and tell us about your case. As experts in the field, our knowledge and experience can help you recover from the unhappy incident and get you on the road to health and happiness.