The Facts On Dog Bites In Florida Law
Mark A. Steinberg
Personal Injury
Dogs are one of the most popular pets in America. Because there are so many of them out there, and, as with cars, so many different types of owners, this increases the possibility that an accident may happen. However, where the chief concern with car accidents is collisions, the big worry with dogs is a bite or even a full-scale attack.Dog bites are considered an accident; however, in the case of a dog that's owned by someone else, there's always a question of whether that accident was preventable or not. This is one of the reasons why when a dog bites someone else, it is always the owner responsible for what happened. However, the situation is not as straightforward as a dog bite automatically means the dog owner should get sued; there are many factors surrounding dog bites to consider.
Most Aren't Harmful
There are approximately 78 million dogs as pets in the United States alone. From that number, about 4.5 million dog bites occur in any given year. However, the vast majority of those dog bites, about 81%, cause either no harm or such minor injury that no professional medical attention is required.
This, of course, depends mainly on the circumstances of the bite. How serious a dog is about biting and even the breed of dog can impact the seriousness of a dog bite. While it should surprise no one that an attack from a pit bull is likely to cause some injury, the most surprising fact about dogs is that the chihuahua is considered the most aggressive and most likely to bite. Of course, a dog bite from a chihuahua, though more likely to occur, is also less likely to be serious.
They Occur Mostly In Homes
While some dog attacks may occur in public areas, such as parks, most dog attacks, approximately 77%, occur in a home, often the home of the victim. They may also occur at the home of a relative or friend of the family. Typically, the dog is owned by a family member, relative, or friend of the family.
One key reason for this statistic is that many dog bite victims are children who may not yet have the knowledge and experience to interact with a dog without provoking an attack. Running, for example, triggers the hunting instinct in a dog, so it's not unusual for a dog to see a
running child and designate that child as "prey" and begin to hunt.
Dog bites present a greater likelihood and threat to children than diseases such as measles or mumps. Moreover, dog bites are even more likely to occur among children than accidents on a bicycle or playground.
Circumstances
One of the most significant mitigating factors that can protect dog owners from legal action is the circumstances surrounding a dog bite. While the dog owner must always accept responsibility for a dog bite, the court also understands the difference between a provoked attack and an unprovoked one.
A dog that bites a person with no warning whatsoever would be understood to have aggressive behavior. However, if a dog was repeatedly kicked or hit by someone before finally resorting to biting them in self-defense, this is a very different situation, and that circumstance would be taken into account.
Being the owner of a dog is both emotionally gratifying and rewarding. The simple, unfailing love of a pet is a worthwhile emotional investment. However, it is crucial to understand that dog ownership means not only a moral responsibility to the pet, a legal obligation to those who interact with that pet. Anyone who a dog has bitten due to the owner's negligence should talk to a dog bite attorney.