Pet owners are ultimately responsible for their dog’s behavior, including if their pet bites someone. If you or someone you know is bitten by a dog in Florida, it’s important to understand the steps you should take and the rights you have to pursue compensation.
Florida’s Dog Bite Statute and Exceptions
Florida has specific statutes that outline a pet owner’s liability for damages when their dog bites someone. Statute 706.04 outlines that the owner of a dog that bites someone while they are in a public place or lawfully in a private residence is liable for the damages incurred to the victim. This statute still holds true whether or not the owner had prior knowledge of the aggressiveness of their dog, making Florida a strict liability state regarding dog bites.
Although Florida exercises strict liability, there are specific instances when an owner may not be held liable. These include if the person bitten was trespassing onto the owner’s private property and if a “Beware of Dog” sign is placed visibly along the property line. However, strict liability remains if the victim is under six years old.
Understanding Comparative Negligence and Dog Bites
Florida’s dog bite laws also include guidance regarding comparative negligence. Comparative negligence is a common defense dog owners may use and may come into play if the owner successfully proves that the person bitten was partially responsible for the incident. In these situations, the amount of compensation is reduced to reflect the amount at which they were at fault. For example, if the person bitten was deemed at least 25% responsible for the bite, they are only entitled to 75% compensation.
What Kind of Damages Are Covered Through Compensation Claims?
While each claim is unique, victims can generally recoup economic (and non-economic) damages resulting from the dog bite incident. These damages include medical expenses, lost wages, earning capacity and pain and suffering.
Unfortunately, small children tend to be most vulnerable to dog bites, and these incidents are typically more serious or even fatal. For families of children whose injuries prove fatal, they may file a personal injury or wrongful death claim against the dog’s owners. Although such losses are devastating, the claim they file may help them recover financially after enduring such a devastating loss.
When Is It Appropriate to Sue for Dog Bites?
Understand that while you have the right to sue, it’s important to do so only after weighing a lawsuit’s potential costs and benefits. Not only will you have to pay to file a claim and hire an attorney, but going to court can be a lengthy process. However, if you suffered a significant financial or emotional loss due to the extent of your injuries, then a lawsuit may help you recover.
In Florida, the type of claim you plan to file will dictate the statute of limitations. If the dog owner is accused of violating the civil code, you may have up to four years to file your claim. You have a two-year deadline if you are accusing the owner of negligence.
Dog bite claims are usually complicated, and the trauma associated with severe bites is substantial. If you are unsure whether you have grounds to sue, it’s best to contact a lawyer. They can review the details of your case and help you decide whether to pursue financial compensation.
