If you have suffered a dog bite after March 24, 2023, then you will have two years to file a claim. If the incident occurred prior to this date, then you will have four years. These limits are known as the statute of limitations and in Florida, the law has recently changed as per House Bill 837 (2023).
Dog bites can be extremely serious injuries. Not only can they break the skin, but they can cause nerve damage and fractures. There is also the possibility that a dog bite injury will get infected, putting the victim at risk of becoming extremely ill.
If you or a loved one have suffered a dog bite injury, then contact The Law Place today. Through one of our free consultations, we can put you into contact with a dedicated personal injury lawyer who will help you to understand Florida dog bite laws and how they apply to your case. Our team has over 75 years of combined experience in personal injury cases and wants to make sure that you achieve the justice you deserve.
Call The Law Place today at (941) 444-4444 for your free consultation. Our phone lines are open 24 hours a day, 7 days a week, so don’t hesitate to get in contact.
Statute of Limitations for Dog Bite Injury Claims in Florida
The statute of limitations sets the maximum time limit after an event for taking legal action. Once the time has expired, the claim is no longer valid and legal action cannot be taken. In regards to personal injury cases, this means that from the date of the accident, you have a specified amount of time to bring a claim against the negligent party.
In Florida, the statute of limitations for personal injury cases based on negligence, including dog bites, changed on March 24, 2023. The previous four-year window was reduced to just two. However, if the accident occurred before this date then you still have four years to make a claim.
The shortened time frame makes it even more imperative for bite bite injury victims to speak to an attorney quickly. Not only will this help to protect the right to compensation by protecting evidence that could otherwise by lost, it also ensures that action is taken within the two year time frame.
Possible Exceptions to the Statute of Limitations
Although the vast majority of cases must adhere to the statute of limitations, there are situations where an extension is justified. Your attorney may be able to fight for the statute of limitations to be extended in a dog bite injury case if any of the following circumstances apply:
- Discovery Rule – If you were unaware of the extent of the injury until later then the statute of limitations could be moved to begin from the date of discovery.
- Minors – If you were a minor when the dog bite occurred, the statute of limitations could be moved to begin after you turn 18.
- Incapacitated Persons – If you were incapacitated at the time of the accident, then the statute of limitations could begin after you regain legal capacity.
- Fraudulent Concealment – If the dog owner or another liable party tried to conceal facts around your case, then the statute of limitations could begin after the fraud is discovered.
- Defendant’s Absence from the State – If the dog owner leaves the state, then the statute of limitations could begin once they return.
- Continuous Medical Treatment – If your medical treatment is extensive, your attorney may fight for the statute of limitations to begin after your treatment is complete. This helps ensure that you are properly compensated for all of the medical expenses relating to the dog bite.
Understanding these exceptions is crucial for ensuring that dog bite victims do not lose their right to seek compensation due to procedural technicalities. Consulting with an experienced personal injury attorney from The Law Place can help protect your right to compensation.
Florida Dog Bite Statute
Florida’s dog bite law can be found in Florida Statute 767. Florida Statute 767.04 specifically states that a dog owner is liable for another person’s injuries if their dog bites any person in a public place or a private place, providing the victim is there lawfully.
This statute also includes the definition of a dangerous dog, as well as the classification and registration of dogs as dangerous, the confinement of dangerous dogs, and the penalties of attacks or bites by dangerous dogs.
We’re here to serve you. Our phones are open 24 hours a day. Florida Is a Strict Liability State
Florida is a strict liability state in regard to dog bites. This means that the owner of a dog will be held liable for dog bite injuries, regardless of whether the owner knew that the dog would bite. Therefore, in most cases, if you have been bitten, the court will find the dog owner liable due to strict liability.
We’re Florida’s top litigation team with over 75 years of combined experience Dangerous Dogs in Florida Law
Whilst all dogs can bite, many of those that do are classified as ‘dangerous dogs.’ It is important to understand the laws surrounding dangerous dogs, as if you are bitten by a dangerous dog, you may be entitled to a greater amount of compensation if the owner has failed to properly confine the dog. This information is also provided for in the Florida dog bite statute.
What Is the Legal Definition of a ‘Dangerous Dog’?
The definition of “dangerous dog” is provided for in Florida Statute 767.11. It states that a dog is ‘dangerous’ if it has:
- Bitten, attacked, endangered, or has inflicted severe injury on an individual on public or private property.
- Severely injured or killed a domestic animal while off the owner’s property more than once.
- When unprovoked, the animal has chased or approached someone in a menacing fashion or with the intent to attack whilst on any public grounds – provided that those actions were seen by a witness and then investigated by the appropriate authority.
Florida Statute 767.12 provides exceptions, stating that a dog will not be dangerous if:
- The aggression occurred when the injured person was unlawfully on someone’s property or, if lawfully on private property, and the person was tormenting, harming, or assaulting the dog, its owner, or a family member.
- The dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
Legal Responsibilities of a Dangerous Dog Owner
A dangerous dog owner is legally responsible for the actions of their dog if they do not follow the precautions laid out in Florida’s dog bite statute. Dangerous dogs must be registered with the state by the dog owner, and the owner of the dog must confine the dog within a securely fenced or otherwise enclosed area.
When taken outside of its enclosure, the dog must be muzzled and restrained by a substantial chain or leash. If the dog is moved to another address, dies, is sold or given away, has bitten or attacked a person or animal, or is loose or unconfined, the owner of the dog must notify the appropriate animal control authority.
Punishments for Violating Dangerous Dog Laws Under Florida Law
If a dangerous dog owner is found to have violated Florida’s dog bite statute, they face a civil penalty of a fine of up to $500. In terms of criminal punishments, dangerous dog owners could face criminal charges and a fine of up to $1,000 if their dangerous dog attacks or bites a person or domestic animal without provocation, with this being raised to $5,000 and a prison sentence of up to five years for the dog owner if the injury is severe or the attack causes death.
From the initial call to updates on your case status, we are here to get you answers. What Compensation Can Victims of Dog Bites Receive?
Dog bite attacks can be hugely physically and emotionally traumatizing and can significantly affect your life. No matter the severity of your injury, it is important to claim compensation to help your recovery and return to pre-dog bite life. There are a number of types of damages you can claim if you have been a dog bite victim:
- Medical Bills – If you have been a victim of a dog bite, you will likely have incurred significant medical bills, whether through hospital visits, rehabilitation, surgical costs, or medication. It is important that you get these high costs compensated.
- Lost Wages – If you have missed work as a result of your dog bite incident, you can be compensated for the earnings that you lost.
- Pain and Suffering – Pain and suffering allow you to be compensated for the emotional trauma that you have suffered as a result of being a dog bite victim.
- Wrongful Death – If a loved one has died as a result of a dog bite, then the dog owner may be liable for wrongful death, especially if they have committed a negligent act.
It is extremely important that you receive the compensation that you deserve. As can be seen in the above categories, this compensation will help you pay for the costs that came as a result of the biting incident and will allow you to move further along the path back to normality. At The Law Place, we want to help you maximize your compensation in your dog injury case to help you obtain the justice you deserve.
Comparative Negligence
Florida recognizes the comparative negligence principles, as provided for in Florida Statute 768.81. As a result of this, any negligence on the victim’s behalf that contributed to the dog bite attack will be considered by the court. The court will consider if the bitten person’s negligence contributed when determining the compensation that the dog bite victim is entitled to. The court will then lower the amount of compensation, depending on the level of fault that the court determines the victim to have.
Due to this, it is important that you are represented by a knowledgeable attorney when making a dog bite claim. Our team at The Law Place wants you to receive the compensation you deserve and will fight to make sure that you do not receive fewer damages than you are owed.
What Is the Statute of Limitations for Dog Bite Injury Claims in Florida? FAQ
Will I have to go to court for a dog bite lawsuit in Florida?
The majority of dog bite claims are settled outside of court – which is good news for everyone involved as a court case involves a lot of time and money. However, if the liable party is unwilling to negotiate a fair settlement then your attorney from The Law Place will be prepared to take your case to court.
In Accordance with Florida dog bite law, who is liable?
The Florida dog owner is typically held liable for any injuries caused by their dog, regardless of their knowledge of any aggressive tendencies. This is different from the “one bite rule” that is adhered to in some other states.
What should I do if I am bitten by a dog on someone else’s property?
If you are bitten on a dog owner’s property, it is important to seek medical attention as soon as possible. This will ensure that your injuries are properly dealt with and it also provides the necessary evidence for your Florida dog bite claim. If safe to do so you should also gather evidence from the scene such as photos and any witness contact information. You should also arrange a free consultation with an attorney as quickly as possible so that they can advise you on your next steps.
How do Florida’s dog bite laws protect victims?
The law imposes strict liability on Florida dog owners. This means that the owner can be held liable in a personal injury claim, even if the dog has never been aggressive before.
What are common dog bite injuries?
Common dog bite injuries include lacerations, puncture wounds, infections, nerve damage, and in severe cases, disfigurement or disability. These injuries can lead to significant medical bills and require extensive treatment.
What if the dog owner posted a “Bad Dog” sign?
Under Florida dog bite law, a property owner could argue that because they had a “Bad Dog” sign, visitors to their property were properly warned about their dog. However, if the victim was lawfully on their property and they did not provoke the dog, the sign is insufficient to absolve the dog owner of liability.
What should I prove in a dog bite case?
In a dog bite case, your attorney will need to prove that the dog caused your injuries and that the incident occurred while you were lawfully on the dog owner’s property. Evidence could include medical records, witness statements, and photographs.
How can a reasonable dog owner prevent liability?
A reasonable dog owner can prevent liability by taking steps to ensure their dog does not harm others. This includes proper training, using leashes and muzzles in public, and providing warnings if the dog has aggressive tendencies.
Contact The Law Place About Your Dog Bite Claim Today!
If you or a loved one have been a victim of a dog attack or dog bite, then contact The Law Place today. Our dedicated team, with over 75 years of experience, is knowledgeable in dog bite cases and wants to help you succeed in your lawsuit. Our attorneys prioritize the attorney-client relationship and will provide you with legal advice catered to your personal experience. It is important to us that you receive the compensation that you deserve to aid you in your recovery process.
To book your free consultation, contact The Law Place today at (941) 444-4444.
