Dog Bites

Southwest Florida Dog Bite & Injury Attorneys

Our pets quickly become a part of the family once brought home. We often forget, however, that dogs are still animals very capable of causing injury and damage. If you or a loved one has been harmed in a dog attack, we urge you to take action and contact our office.

In the United States alone, there are approximately 89.7 million dogs owned by 60.2 million households. Every year, over 300,000 people are sent to the hospital emergency room as a result of a dog bite, and approximately 750,000 people will require medical attention from a dog bite. From 2002 to 2003, the Center for Disease Control reported that 4.5 million Americans, or 1.5% of the population, were injured from a dog bite.

If you become injured from a dog bite, what should you do? How does the state of Florida handle dog bites and attacks?

Florida Law and Dog Bites

Florida allows for two different claims to be filed if you become injured from a dog attack.

Strict Liability For Dog Bites

The state of Florida has a Strict Liability law when it comes to dog bites. Strict liability, in short, states that the dog owner is responsible for any injuries that are caused by their dog. In other words, in Florida, if you are attacked by a dog, the owner will automatically be found liable for any injuries that you may have sustained as a result of the attack. This is different from some states that have what is referred to as a “One Bite” law. Under this law, the owners of a dog are not liable for any damage caused by their dog if it was their first time biting someone, but if the dog had a history of violence or aggression, they can be found liable.

Strict Liability for dog bites has its advantages. It’s often easier for the plaintiff to prove their case at trial, and defendants are therefore much likely to settle early if the statute applies. However, there are some exceptions to the Strict Liability law. If an individual were trespassing on private property when they were attacked, it’s possible that the owner may not be found liable. Likewise, if the animal was being provoked in any way, the ability to pursue financial compensation for damages may be limited.

Negligence For Dog Bites

Florida also allows you to file a negligence claim against a dog owner in order to receive compensation for any injury sustained from a dog bite incident.

In order for compensation to be issued under a negligence claim, an individual would have to prove that the owner had a duty of care, and the owner’s breach of duty caused the attack that ultimately led to their injuries. For example, an owner has the duty to make sure that their dog is properly secured such as in a pen or fenced backyard. If that pen was not well maintained or is unable to safely secure the dog inside of it, the owner may be found liable for any injuries that happen as a result of their dog getting loose.

Another example where this claim would apply would be if a dog managed to break free from a leash. While Florida does not currently have a statewide leash law governing the restraint of dogs, many local governments and counties in the state do. If a dog managed to break free from a leash, the owner may be found liable.

In Lee County, dog owners are prohibited from allowing their animals under their control to roam freely in public areas such as beaches, sidewalks, school grounds, and more. Additionally these rules apply to private property unless consented to by the owner of said property.

The “Bad Dog” Exception

Florida does have one exception that makes it unique—the Bad Dog exception. This law states that no liability exists if the incident happens on the owner’s premises in which a sign that gives notice of a dangerous dog. These signs may read “Bad Dog,” “Beware of Dog,” or the like. Signs must also be clearly visible, displayed in a prominent place, and must give notice of the risk of a bite to the victim.

This exception, however, does not apply to children who cannot read. Specifically, the statute states that it does not apply to any children under the age of 6.

Special Rules For Children

As children are frequently the victim of dog bites, Florida has a few special rules regarding them. These rules are structured around two problems that commonly arise when dealing with cases involving children.

The first and a frequent defense of dog owners is whether the child provoked or caused the dog to attack. In this case, just like the “Bad Dog” exception, the state of Florida has stated that a child under the age of 6 is incapable of causing such negligence. When a child is older than 6, a jury will decide whether the child’s actions caused or provoked the attack.

The second problem is the lack of parental supervision. Many dog owners have defended their case by stating that parents of the injured child should have kept a more watchful eye on their children. If they had been, the child would not have been injured. Florida law states that a jury may reduce financial damages if it is found that the parent failure to adequately supervise their child resulted in the animal attack.

Contact The Kagan Law Firm

If you or a loved one have been injured by a dog or involved in an animal attack, contact our office immediately at (239) 466-1161 to schedule a free consultation to learn more about your rights and options. Additionally, you may also fill out the form below and a member of our staff will contact you once your inquiry is received.