Dog Bite in Florida? Know Your Rights Now!
If you've experienced the trauma of a dog bite in Florida, know that you're not alone, and understanding your rights is crucial. The severity of injuries resulting from such incidents often necessitates careful consideration of legal options. Specifically, Florida's negligence laws play a significant role in determining liability in these cases. Victims may also find support and guidance through organizations like the Florida Bar Association, which offers resources and referrals to attorneys specializing in florida dog bite law. Knowing your rights, particularly concerning strict liability provisions under florida dog bite law, is essential for potential recourse.
Image taken from the YouTube channel The Law Office of Matthew Konecky, P.A. , from the video titled Florida Dog Bite Laws: Who Is Liable for Dog Bites? .
Understanding Your Rights After a Dog Bite in Florida
If you've been bitten by a dog in Florida, you're likely feeling overwhelmed, scared, and unsure of what to do next. This guide will help you understand your rights and the applicable Florida dog bite law so you can make informed decisions.
Immediate Actions After a Dog Bite
Your health and safety are the top priorities. Take these steps immediately:
- Seek Medical Attention: Even if the bite seems minor, see a doctor. Dog bites can cause serious infections.
- Report the Bite: Report the incident to your local animal control or law enforcement agency. This creates a record of the bite and can help prevent future incidents.
- Gather Information: If possible, get the dog owner's name, address, and contact information. Also, try to determine if the dog has been vaccinated against rabies.
- Document Everything: Take photos of your injuries, the location of the bite, and the dog (if safe to do so). Keep records of all medical bills and related expenses.
The Core of Florida Dog Bite Law
Strict Liability in Florida Statute § 767.04
Florida operates under a "strict liability" dog bite statute, specifically Florida Statute § 767.04. This means that the dog owner is liable for damages caused by their dog biting someone regardless of whether the owner knew the dog was dangerous or had bitten someone before.
- Key Provisions of the Statute:
- The bite must occur in a public place, or lawfully on private property. Being "lawfully" on private property is a key element – this could mean you are an invited guest, or a postal worker performing their duties.
- The person bitten must be "lawfully" in that location. This means you can't be trespassing or provoking the dog.
- The owner is liable even if the dog had no prior history of biting.
Exceptions to Strict Liability
While Florida's law is strict, there are exceptions:
- Provocation: If you provoked the dog into biting you, the owner may not be liable. Provocation is more than just approaching a dog; it usually involves teasing, hitting, or otherwise antagonizing the animal.
- Warning Sign: If the owner prominently displays a sign that says "Bad Dog," they may not be liable if the bite occurs on their property. However, this defense only applies if the sign is easily visible and understandable. Also, this defense is eliminated if the dog bite victim is under the age of six.
- Negligence: Even if the "Bad Dog" sign defense applies, the owner can still be held liable if their actions were negligent. An example of this would be an owner leaving a known dangerous dog unattended near children.
Comparative Negligence
Even if the owner is liable, your own negligence may reduce the amount of compensation you receive. This is based on the principle of "comparative negligence." If you were partly responsible for the bite (for example, if you ignored warning signs), the court may reduce your damages accordingly.
Damages You Can Recover
If you've been bitten by a dog in Florida, you may be entitled to compensation for various damages:
- Medical Expenses: This includes costs for doctor visits, hospital stays, surgeries, medications, physical therapy, and any future medical care related to the bite.
- Lost Wages: If you've had to miss work due to your injuries, you can recover lost wages.
- Pain and Suffering: You can be compensated for the physical pain, emotional distress, and mental anguish caused by the bite.
- Property Damage: If your clothing or personal belongings were damaged during the bite, you can recover the cost of replacing them.
- Punitive Damages: In rare cases, if the dog owner's conduct was egregious (e.g., they intentionally trained the dog to attack), you might be able to recover punitive damages.
What to Do if the Owner is Uninsured
Sometimes, dog owners don't have insurance coverage for dog bites. In these situations, you still have options:
- Homeowners Insurance: Many homeowners' insurance policies cover dog bites.
- Renters Insurance: If the owner is renting their home, their renter's insurance may provide coverage.
- Personal Assets: You can pursue a claim against the dog owner's personal assets, such as their savings, investments, or property.
Steps to File a Claim
- Consult with an Attorney: It's highly recommended to consult with an attorney who specializes in Florida dog bite law. They can evaluate your case, advise you on your rights, and help you navigate the legal process.
- Demand Letter: Your attorney will likely send a demand letter to the dog owner or their insurance company, outlining your injuries, damages, and the legal basis for your claim.
- Negotiation: The insurance company may respond with a settlement offer. Your attorney will negotiate on your behalf to reach a fair settlement.
- Lawsuit: If a settlement cannot be reached, your attorney may file a lawsuit against the dog owner.
- Litigation: The lawsuit will proceed through the stages of discovery, mediation, and potentially trial.
Statute of Limitations
It's crucial to understand the statute of limitations for dog bite cases in Florida. You generally have four years from the date of the bite to file a lawsuit. Failing to file within this timeframe will prevent you from pursuing your claim.
Understanding Common Defenses
Dog owners and their insurance companies often raise defenses to dog bite claims. Be aware of these common defenses:
| Defense | Description | How to Counter |
|---|---|---|
| Provocation | The dog was provoked into biting. | Present evidence showing you did not provoke the dog. Expert witness testimony, video footage, and witness accounts can be helpful. |
| Trespassing | You were trespassing on the owner's property. | Prove you were lawfully on the property (e.g., as a guest, mail carrier, or with permission). |
| "Bad Dog" Sign | The owner had a prominent "Bad Dog" sign. | Argue the sign was not visible or understandable, or that you are under the age of 6, or that the owner was negligent even with the sign posted. |
| Comparative Negligence | You were partly responsible for the bite (e.g., you ignored warnings or approached the dog too aggressively). | Present evidence demonstrating you acted reasonably and did not contribute to the incident. This could include showing you asked for permission to pet the dog or that the dog was not restrained properly. |
This information is intended for educational purposes and should not be considered legal advice. If you or someone you know has been bitten by a dog in Florida, it is important to seek legal guidance from a qualified Florida attorney.
Video: Dog Bite in Florida? Know Your Rights Now!
Dog Bite in Florida: Frequently Asked Questions
Here are some frequently asked questions to help you better understand your rights after a dog bite incident in Florida.
What should I do immediately after being bitten by a dog in Florida?
Seek immediate medical attention for your injuries. Report the bite to your local animal control or law enforcement agency. Document everything: take photos of your injuries, the dog (if possible), and the location. Get contact information from any witnesses.
Am I automatically entitled to compensation if a dog bites me in Florida?
Not necessarily. Florida dog bite law operates under a "strict liability" rule in some cases. This means the owner is liable regardless of prior knowledge of the dog's dangerousness, but there are exceptions and conditions that must be met, particularly regarding trespassing or provoking the dog.
What if the dog owner claims they didn't know their dog was aggressive?
In many instances, under Florida dog bite law, the owner's prior knowledge of their dog's dangerous tendencies is not a requirement for liability. Strict liability often applies, holding them responsible for injuries caused by their dog regardless.
What kind of damages can I recover after a dog bite in Florida?
You may be able to recover compensation for medical expenses (past and future), lost wages, pain and suffering, and any permanent disfigurement or scarring. The specific amount you can recover depends on the severity of your injuries and the circumstances of the bite.
