A Closer Look At Dog Bite Liability
Brian O Sutter
Personal Injury
Dogs can be rather energetic and fun animals, but what happens when you find yourself bitten or injured. Thousands are bitten or attacked by dogs every year and in some cases even killed. What causes these attacks aren't always clear, but the laws surrounding them are. Whether your a dog owner or just a dog lover, you should know what you may be liable for in a dog bite case. Florida's Strict Liability
When it comes to dog bites, Florida has a very strict liability policy. This means a Florida dog owner can be liable if their dog bites someone even if they have no warning or prior knowledge that the dog might bite. It also means the dog bite victim does not have to prove that a lack of healthy care caused the bite.
Deadline For Filing A Dog Bite Claim
There is a deadline for the length of time a dog bite victim has to file a lawsuit after the injury occurs. However, with the deadline being four years within the date of the dog bite, it is unlikely to miss the date too easily. If you do choose to file after the deadline, the court is likely to throw out your case rather than listen to it. To make sure your case is heard, you shouldn't hesitate to file your dog bite claim.
Exceptions To The Dog Bite Claim
There are two defenses a Florida dog owner can use against a dog bite claim: trespassing and comparative negligence. The law requires the injured person to be lawfully acceptable place when the dog bite occurs in order to recover damages. So if the bite happens on private property that they do not own or were not given permission to be there, then they were not in a lawfully acceptable area for the claim to occur. For example, if a someone broke into your home and were bit by your dog as a result, they can not use the dog bite claim to collect damages.
The second defense, comparative negligence, can depend greatly on the situation and only partially protects the dog owner. If the dog bit victim's own negligence caused the dog bite, then under Florida law the dog owner is only partial responsible for what happened. The dog owner will still be required to pay for damages, but the cost will be lower due to it being the dog bite victim's fault as well. For example, if the dog bite victim wasn't paying attention and accidentally stepped on the dog's tail then you would only be partial responsible for the resulting bite because the victim should have been more careful.
Other factors can effect the strength of using these defenses. If the dog bite victim is 6 years or younger in age then it is unlikely these defenses will hold up and you will be fully responsible. However, if you have highly visible signs to warn others about the dog, that can work in your favor.
If you are victim of a dog bite in southwestern Florida, do not hesitate to contact All Injuries Law Firm. Our lawyers are highly experienced in injury cases and will help you develop an effective case to get the compensation your entitled to. Contact All Injuries Law Firm today for your free case review.