If you or someone you know has been bitten by a dog and suffered from bite injuries, you have the right to sue the dog owner for the consequential medical bills you may have had to face.
We recommend that if your dog bite injuries have resulted in a stack of medical bills and lost you a significant amount of money, that it is in your best interest to file a lawsuit. A dog bite lawyer at The Law Place will be able to give you all the legal advice and guidance you may be seeking. It can seem daunting filing a lawsuit for a dog bite injury, but our law firm has over 75 years of combined experience in dealing with personal injury cases. Therefore, you can be reassured that you are in the most capable legal hands in Florida.
If you have any questions concerning whether you can sue for a dog bite, you can contact a dog bite lawyer at The Law Place today. Our accident lawyers have a wealth of experience in dealing with cases similar to yours and will be able to give you all the legal advice you may be seeking. Call us today for a free consultation at (941) 444-4444.
What Should I Do If I’m Bitten by a Dog?
If you have suffered a dog bite, the first thing you should do is contact the police. Having a police presence at the scene where the dog bite occurred can be incredibly beneficial as not only will they be able to report the incident, but they can also help identify the dog owner responsible for the dog. If you do decide to claim for your dog bite injuries, a police report can massively strengthen your claim for compensation.
The other really important thing to do if you have suffered dog bite injuries is to seek medical attention immediately. Sometimes, when a person suffers a dog bite, the shock will often lead a person to believe that their injuries are not very serious. However, a dog bite injury is highly susceptible to infection, so it is paramount that you seek medical attention as quickly as possible. This is of even greater importance if it a child who has been the victim of the dog bite. The Insurance Information Institute (III) has reported that among children, children between the ages of five and nine years old suffer from dog bites at the highest rate. The infections that dog bites can cause children are very harmful; that is why we advise that you always seek medical attention. A dog bite lawyer at The Law Place may be able to help you recover the consequential medical bills.
We would also advise that you stay as far away from the dog owner as you possibly can. The dog owner may be an acquaintance of yours, as it is known that over half of dog bite injuries occur in a home of which the victim is familiar with. Regardless of whether you know the owner, we suggest that you move away to safety and try and contact animal control.
Compensation Expectations in Florida Dog Bite Lawsuits
Victims of dog bites in Florida can expect to receive compensation that covers a range of damages. This compensation typically includes:
- Medical Expenses – This covers all medical treatments related to the dog bite, including emergency care, hospitalization, surgery, medication, and any future medical care like physical therapy.
- Lost Wages – If the injury results in time away from work, victims can claim compensation for lost income.
- Pain and Suffering- This includes compensation for physical pain and emotional distress caused by the dog bite. The amount can vary greatly depending on the severity of the injuries and their long-term impact.
- Disfigurement and Permanent Disability – In severe cases, where a dog bite leads to permanent scarring, disfigurement, or disability, victims may receive additional compensation.
It’s important to note that each case is unique, and the amount of compensation will depend on the specifics of the incident and the extent of the injuries.
Steps to Take Immediately After a Dog Bite in Florida
If you or someone you know has been bitten by a dog in Florida, it’s important to take immediate steps to ensure safety, health, and legal rights:
- Seek Medical Attention – Even if the injury seems minor, it’s crucial to get medical care immediately due to the risk of infection and other complications.
- Report the Incident – Contact local animal control or the police to report the dog bite. This creates an official record of the incident, which can be vital for a legal case.
- Gather Information – Collect contact information from the dog owner and any witnesses. Take photos of your injuries and the location where the incident occurred.
- Preserve Evidence – Keep all medical records and receipts related to the treatment of your injuries. Document any time missed from work and how the injury has impacted your daily life.
- Consult a Personal Injury Attorney – Contact an attorney who is knowledgable in dog bite cases. They can guide you through the legal process, help gather additional evidence, and represent you in negotiations with insurance companies or in court.
Taking these steps promptly can significantly impact the outcome of a potential legal claim and ensure that you receive the compensation you deserve.
Understanding Florida’s Unique Dog Bite Laws
Florida’s approach to dog bite laws significantly differs from the “one bite” rule common in many other states. Unlike the “one bite” rule, which offers a degree of immunity to dog owners until their pet’s first biting incident, Florida imposes a strict liability standard. This means that in Florida, a dog owner is responsible for any harm their dog causes, regardless of the animal’s previous behavior or the owner’s knowledge of any potential for aggression.
Under Florida law, if a dog bites someone, the owner is typically liable for injuries caused by the bite. This liability applies whether the bite occurs in a public place or on private property, as long as the victim was lawfully present. This strict liability rule in Florida makes it easier for dog bite victims to claim compensation since they do not need to prove the owner’s negligence or the dog’s previous history of aggression.
Navigating the Statute of Limitations in Florida Dog Bite Cases
In Florida, the statute of limitations sets a deadline for filing a dog bite lawsuit. Understanding this time frame is crucial for victims seeking legal recourse. Under Florida Statutes section 95.11, individuals bitten by a dog have two years from the date of the bite to file a lawsuit. This time limit is critical because if a lawsuit is filed after this period, the court is likely to dismiss the case.
The two-year statute of limitations applies to personal injury claims arising from dog bites. This period allows victims sufficient time to recognize the full extent of their injuries and to consider whether to pursue legal action. However, it’s advisable for victims to consult with an attorney as soon as possible after the incident to ensure that their rights are protected and to avoid any complications that might arise from delayed legal action.
The Role of Negligence in Dog Bite Lawsuits
While Florida’s strict liability rule for dog bites simplifies the process for victims to claim compensation, understanding the role of negligence is still important. In some cases, the dog owner’s negligence may play a significant role in the incident. For instance, if a dog owner knowingly allows a dangerous dog to roam freely in a neighborhood, this could be considered negligent behavior.
Negligence in dog bite cases is often evaluated based on the owner’s failure to take reasonable steps to prevent the dog from biting. This could include not keeping the dog on a leash, failing to secure the dog in a fenced area, or not warning others about the dog’s aggressive tendencies. In such scenarios, the dog owner’s negligence can be a key factor in the lawsuit, potentially increasing the compensation awarded to the victim.
However, it’s also important to note that Florida follows a “modified” comparative negligence rule. This means that if the victim’s actions contributed to the incident, such as teasing or provoking the dog, their compensation might be reduced proportionally to their degree of fault. If a victim is found to be more than 50% at fault then they will not be able to claim anything. Therefore, both the dog owner’s negligence and the victim’s actions are considered in determining the outcome of a dog bite lawsuit in Florida.
How Much Money Can You Get From a Dog Bite Lawsuit?
If you have or someone you know has been bitten by a dog, you will be aware of just how traumatic the experience can be. It is therefore massively understandable that a victim of a dog bite would consider filing a lawsuit for their injury. The compensation of which an insurance company can payout to victims can massively help with any medical expenses they have had to face.
All dog bite lawsuits vary greatly, and therefore it is difficult to say how much money you could recover from a dog bite lawsuit. The amount you could recover depends on the circumstances surrounding your dog bite injury.
It is important to understand how Florida’s comparative negligence rule works, as this may impact how much you could get from an insurance company or dog owner in a dog bite lawsuit. For example, if you accidentally aggravate your friend’s dog and you suffer a dog bite injury, a court will decide how responsible you are for the injury. The court may agree that you are 40 percent responsible for the dog bite, and the dog owner, your friend, is 60 percent responsible and that your damages equate to $1,000. Under the law in Florida, this would mean that you would lose 40 percent of those damages as that was the amount of responsibility assigned to you. Therefore, you would receive a total of $600.
If you contact a personal injury lawyer at The Law Place to schedule your free consultation, an accident lawyer may be able to use their previous experience to give you an estimation of how much money they may be able to recover for your dog bite injury if you decide to file a lawsuit. An attorney-client relationship at The Law Place is one of immense commitment and confidentiality. You can be assured that with one of our personal injury lawyers, you are in the most capable legal hands in Florida.
If you have any further questions of queries concerning how much money you could receive following a dog bite lawsuit, don’t hesitate to contact The Law Place today for a chance to talk to one of our dog bite lawyers.
How Long Do You Have to Sue for a Dog Bite?
Often, the statue for limitations for an injury caused by a dog bite is the same as any other personal injury claim. It is usually the owner of the dog who is sued following a dog bite incident for their negligence.
You currently have two years after suffering an injury to make a claim. Therefore, if you were planning on filing a lawsuit against the owner of the dog, it must be filed within this time, or you risk never being able to file a claim. After two years, your case is likely to be barred. This is why it is incredibly important that you act quickly if you have suffered a dog bite and are planning on claiming for your injuries.
A lawyer at The Law Place will be able to help you file a claim and guide you through the whole legal process. We strive to achieve the best for our clients, and an attorney-client relationship at The Law Place is one of great commitment and confidentiality.
If you have any further questions of queries concerning Florida’s statute of limitations or how long you have to claim for a dog bite, don’t hesitate to contact our law firm today.
What Kind of Lawyer Do You Need for a Dog Bite?
At least 98% of all bodily injury cases are settled outside of the courtroom, without a trial. It is, therefore, important that you hire an experienced dog bite lawyer to handle your case efficiently and quickly.
An experienced lawyer will be able to investigate your dog bite incident to help build your case. They will recover copies of medical billings and evidence, hire a photographer to take photos of the injury, hire a private investigator to discover the history of the dog, and get a nurse to review all of the medical evidence. You must seek a lawyer with experience in dealing with cases similar to yours to ensure that your case is as strong as it possibly can be. Therefore, when your claim is put to the insurance company, they will have little choice but to agree to a fair settlement.
By hiring a personal injury attorney soon after suffering a dog bite, it will enable the insurance company to make a more accurate estimation of the amount of compensation you are entitled to. An experienced lawyer will ensure that a proper evaluation of the incident is done, which will make it much easier to settle your case.
Can a Dog Groomer Sue You If Your Dog Bites Them?
Usually, if your dog bites someone or hurts someone, you would be responsible as the owner of the dog. A groomer may, therefore, try and sue you to seek compensation for their medical expenses. The dog bite statute in Florida, Statute 767.04, states that as the owner of a dog, you are responsible if the dog bites another person in a public or lawfully private place. However, you can avoid legal responsibility if the victim was at fault and caused the incident to occur.
Depending on the specific circumstances surrounding the incident, you may be able to fight back against the claim by arguing that the groomer did any of the following:
- Provoked the dog.
- Voluntarily risked being hurt.
- Contributed to the accident occurring by their unreasonable carelessness.
You can also raise your defense by arguing about comparative negligence in Florida. This essentially means that if the victim is partially to blame for the injury, the damages they would be able to receive would be reduced by a percentage that equates to their percentage of their blame for the incident
Legal Protections for Dog Bite Victims in Florida
Under Florida law, dog bite victims are afforded significant legal protections. The state’s strict liability statute ensures that dog owners are generally held responsible for injuries caused by their dogs, regardless of the dog’s previous behavior. This means that a victim does not need to prove the owner’s negligence or that the dog had a history of aggression.
- Strict Liability for Dog Owners – Owners are liable for dog bites that occur in public places or when the victim is lawfully in a private place, including the property of the dog owner.
- Compensation for Damages – Victims are entitled to seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the bite.
- Exceptions to Liability – The only exceptions to this liability are if the victim was trespassing, provoking the dog, or if the owner had prominently displayed a “Bad Dog” sign on their property.
Understanding these protections is crucial for victims to ensure their rights are fully exercised and they receive the compensation they deserve.
The Importance of Evidence in Strengthening Your Dog Bite Case
Collecting and preserving evidence is vital in strengthening a dog bite case in Florida. Here are some tips:
- Photographic Evidence – Take photos of your injuries immediately after the bite and during various stages of healing.
- Medical Records – Keep all medical records and receipts related to your treatment, including emergency room visits, doctor appointments, medications, and any rehabilitative therapy.
- Witness Statements – If there were any witnesses to the incident, obtain their contact information and statements as soon as possible.
- Report the Incident – File a report with local animal control or the police and obtain a copy for your records.
- Document Your Experience – Keep a diary detailing your recovery process, any pain or discomfort, and how the injury has affected your daily life and work.
Preserving this evidence can significantly impact the strength of your claim and the potential compensation you may receive.
Choosing the Right Lawyer for Your Florida Dog Bite Case
Selecting the right lawyer is crucial in a Florida dog bite case. Here’s what to look for:
- Knowledge in Personal Injury Law -Choose a lawyer who works in personal injury law, particularly with experience in dog bite cases.
- Track Record of Success – Look for a lawyer with a proven track record of successfully handling dog bite cases in Florida.
- Client Testimonials – Check reviews and testimonials from previous clients to gauge the lawyer’s effectiveness and client service.
- Communication Skills – Your lawyer should be easily accessible and willing to explain legal processes in understandable terms.
- Contingency Fee Basis – Our personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
A qualified and experienced lawyer can make a significant difference in the outcome of your case.
Can Property Owners be Liable for Dog Bites?
In Florida, property owners may be held liable for dog bites that occur on their premises under certain conditions:
- Knowledge of the Dog’s Presence – If the property owner knew or should have known about the presence of the dog and the risk it posed.
- Failure to Take Safety Measures – If the property owner did not take reasonable steps to prevent the dog from causing harm, such as securing the dog or warning visitors.
- Landlord-Tenant Situations – Landlords may be liable if they knew a tenant’s dog was dangerous and did not take action to ensure the safety of other tenants or visitors.
Understanding these scenarios can help victims identify all potential avenues for seeking compensation in a dog bite case.
Can I Sue for Getting Bit by a Dog? FAQ
What does the Florida dog bite law entail?
The Florida dog bite law is a strict liability statute, meaning that the dog’s owner can be held responsible for injuries caused by their dog, regardless of the dog’s previous behavior. This law applies when the victim is in a public place or lawfully in a private place.
How do I file a dog bite claim in Florida?
To file a dog bite claim in Florida, you should first seek medical care for your injuries. Then, gather evidence such as photos of the injury and witness statements. Contact a law firmthat handles personal injury claims to help you navigate the legal process and explore your legal options.
Are pet owners always held liable for dog attacks in Florida?
In Florida, pet owners are generally held liable for dog attacks under the strict liability state law. However, there are statute exceptions, such as if the victim provoked the dog or was trespassing. If a “Bad Dog” sign is prominently displayed and the victim is an adult, the owner may not be held liable.
What should I do if a dangerous dog bites me?
If bitten by a dangerous dog, seek immediate medical attention to address any severe injury and document your medical costs. Report the incident to the authorities and collect any insurance information from the dog’s owner. Then, consult with a personal injury lawyer to discuss filing personal injury claims.
Can a property owner be held responsible for a dog bite?
A property owner can be held responsible for a dog bite if they knew of the aggressive animal and did not take steps a reasonable person would take to prevent dangerous behavior. This is particularly true if the dog had a known history of being a dangerous dog.
What compensation can I expect from a dog bite claim?
In a dog bite claim, you may be entitled to legal damages covering medical costs, lost wages, and pain and suffering. Florida’s court system allows for maximum compensation for victims of dog bites, especially in cases where you can prove negligence on the part of the dog’s owner.
How does the ‘Bad Dog’ sign affect a dog bite case?
A ‘Bad Dog’ sign can affect a dog bite case in Florida. If the sign is prominently displayed, the dog’s owner may not be held responsible for bites to adults, as it is considered a warning of the dog’s potential for causing harm.
What if I was partially responsible for the dog attack under Florida dog bite laws?
If you were partially responsible for provoking the dog attack, Florida’s comparative negligence rule might reduce your compensation. Your responsibility in the incident will be considered, and your compensation may be decreased accordingly.
How do law firms handle dog bite attack cases?
Law firms dedicated to handling personal injury lawsuits handle dog bite cases by investigating the incident, gathering evidence, and negotiating with insurance companies. They aim to ensure that victims receive fair compensation for their injuries and losses.
What does the Insurance Information Institute say about dog bites?
The Insurance Information Institute provides data and insights on dog bites, including statistics on the frequency of incidents, the average cost of claims, and the importance of understanding homeowner’s insurance policies in relation to dog bite claims.
Call The Law Place Today
If you have any further questions concerning whether you would be to blame if your dog bites another person, contact The Law Place today. One of our experienced lawyers will be able to give you all the legal guidance and help you may be seeking. Call us today for a free consultation on (941) 444-4444.