florida dog bite law

This means dog owners in the state can be held liable if the dog bites another person, even if the owner did not have any reasonable knowledge or prior warning that the dog might bite. The 2020 Florida Statutes. 1 While the number of claims nationwide vacillates, the average value of each has climbed higher every year with the aggregate topping $489.7 million in 2012. Download and use today. © 1999-2021 Kenneth Morgan Phillips. Florida's law on "Damages by Dogs" states that a dog owner is liable for any damages that results from his dog biting a person, whether in public or private, including in the owner's home. Therefore, if a claim or lawsuit is not filed within the required four-year time period, the dog bite victim is forever barred from filing suit or seeking monetary recovery for injuries sustained in the dog bite incident. Good throughout the USA. When do you need to hire a car accident lawyer? An intentional tort, such as an assault or battery, requires specific intent on the part of a dog owner to cause the dog to bite another person. This means that the dog’s owner is liable for any damages the animal causes, regardless of whether the owner had fault in the attack. Even if a dog’s bite at first seems minor, if the wound becomes infected, or if a victim requires cosmetic surgery, the expenses are the responsibility of the hound owner. Dog bite laws in Florida are generally centered around the provisions of Florida’s dog bite statutes, Fla.Stat.§767.01-767.16, but there is also an overlap between our state’s dog bite laws and premises liability laws. Let a dog bite attorney help you obtain a favorable outcome in your dog bite case. | Law Firm SEO by, About Dolman Law Group Accident Injury Lawyers, PA, About Sibley Dolman Accident Injury Lawyers, LLP. In serious cases, an aggressive dog may be declared as dangerous under Florida law. Dog bite common law only held dog owners liable when the owner had reason to know that their dog was dangerous. Dog bite laws in Florida exist to identify who is liable for any damages when these attacks occur. In these situations, the owner must take specific precautions and follow strict rules regarding the animal. Florida’s dog bite statute states that a dog owner is responsible for injuries if: (1) the dog bites another person; and (2) the person is in a … Statutory Strict Liability . In other words, if a dog bites, the dog owner pays for the victim’s damages. Florida is a “strict liability” state in terms of dog bites. In Florida dog bite cases, a lawsuit must ordinarily be filed in the Florida court system within four years of the date on which the plaintiff sustained the dog bite injury. Dog bites can result in very serious injuries, compensation for your injuries and damages, Police or military dogs performing their duties, Damages to property caused by a vicious dog. Florida Dog Bite Laws . Florida uses a statutory strict liability standard for animal attacks. Overview of Florida Dog Bite Law Florida is a statutory strict liability state. Florida, like many other states in the country, utilizes a legal standard known as statutory strict liability when it comes to dog bite cases. Florida’s strict liability dog bite law covers only the injuries caused by dog bites. Generally speaking, strict liability does not apply to any of the following individuals: In addition to statutory strict liability, a dog owner may also (or alternatively) be liable to a dog bite victim if the dog owner did something that a reasonable dog owner would not have done—or failed to do something that a reasonable dog owner would have done—proximately resulting in the dog bite and the victim’s subsequent injuries. A person who is trespassing on private property without permission is not "lawfully" on the private property. Negligence in Florida. Save hours of work! Florida law provides several bases of recovery for dog bite victims, including statutory strict liability, negligence, negligence per se, and intentional torts. They explain why a postal worker bitten by a dog in Orlando might be able to claim damages, while a person trespassing and harassing a dog in Jacksonville might not. If the insurance company refuses to offer adequate compensation for your injuries and damages, our skilled attorneys are not afraid to litigate your dog bite case and even take it to trial, if necessary. Florida recently recorded the highest average amount ($38,400) per dog bite insurance claim in the country, with 146 payments totaling $5.6 million. Trying to decipher when a person is liable for their dog’s actions can be hard to understand. Overview of Florida dog bite law. Florida’s statute of limitations is a hard-and-fast deadline. Florida Dog Bite Liability Laws. All rights reserved. Tips and Tricks for Dog Bite Lawyers has all the practice pointers and winning strategies that a victim's lawyer needs. In addition, the injured person has no burden of proof that the owner’s lack of reasonable care caused the bite. For example, maybe you sustained a dog bite at a Florida residence when legally performing work on someone’s property. Injuries and damages sustained in dog bite cases can potentially be catastrophic and long-term. Florida’s Animal Attack and Dog Bite Laws. Liability for Dog Bites. The bite victim doesn’t have to show how the dog owner acted unreasonably or created an unsafe situation. Demand Letter and Brief for Dog Bite Case, Avoiding Liability When Working With Dogs, The "Bad Dog" sign exception to the Florida statute, Non-bite injuries to person or animal in Florida, Litigation forms and other materials for attorneys, If your case involves injury to a dog, see When a Dog Is Injured or Killed, The Undemurrable Complaint and Supporting Authorities - California. The Florida dog bite statute. Under Florida Law, a Dangerous Dog is: a dog that has aggressively bitten, attacked, endangered, or inflicted a “severe injury” on a human. Dangerous dogs are typically impounded and put down if the injuries they cause are severe. The second legal theory is known as strict liability. The knowledgeable Clearwater dog bite lawyers at Dolman Law Group can ensure that all applicable time deadlines are considered and met in your case. Florida dog owners are responsible for any and all of the damages caused by their canines. Usually, it does not matter how extensive your wounds are. In the dog bite context, intentional torts usually arise in cases of provocation, where the dog owner provokes or incites the dog to bite someone. Florida Dog Bite Law: Strict Liability. The skilled dog bite lawyers at Dolman Law Group know and understand Florida dog bite laws and can use the laws to your advantage in helping you recover monetary compensation for your, To schedule a free consultation and case evaluation with a Clearwater dog bite lawyer, please call us at (727) 451-6900 today or, © 2021 Dolman Law Group. Florida law treats injuries caused by dog bites with a strict liability standard. Contact a Clearwater Dog Bite Lawyer Today to Discuss Your Case. Statutory strict liability provides a basis for monetary recovery by an injured dog bite victim, without regard to fault on the part of the dog owner. This is the standard that most injury claims follow. S liability for damages to persons bitten.— in very serious injuries to and! 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