Statistics indicate that 4.7 million dog bites occur in the U.S every year. Although most are not serious, approximately 800,000 of these incidents require medical care. A dog bite is a fairly common occurrence, and not every dog bite is worthy of a lawsuit. In fact, they are among the easiest legal situations to resolve. Here’s what you need to know.

Who is Liable for a Dog Bite?

Florida’s dog bite statute, outlines that a dog owner is liable for injuries if:

their dog bites another person, and
that person is in a public place (such as a park or beach) or
lawfully in a private place (such as being an invited guest in the dog owner’s home)

Florida is a “strict liability” state in relation to dog bites. A dog owner may be held liable if their dog bites someone, even if the owner had no forewarning that the dog might attack. Section 767.04 states that the dog owner is “liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”

The Role of Negligence

Because a dog bite case falls under personal injury law, negligence must be proven. Negligence is defined as the failure to exercise appropriate care, when the actions result in injury. Therefore, in order to prevail in your claim, you have to prove that the dog’s owner was negligent. Conversely, if you acted negligently, you should not expect compensation.

Negligence of the Dog Owner (Defendant)

A dog is considered private property under the law, and the dog owner is responsible for the actions of the dog. If you are bitten and you did not trespass or provoke the dog, your claim is likely to be successful. Acts of negligence may include:

The owner letting the dog off leash in a public space
The owner commands the dog to chase, scare, or attack
The dog leaves private premises and bites an individual in a public space

Negligence of the Dog Bite Victim (Plaintiff)

Sometimes, the person who suffers the dog bite was at fault. Negligence refers to careless actions that caused the dog to react. If you are guilty of negligence, you are likely to not win your claim. Actions in this category include:

Trespassing on property with a security dog on patrol
Provoking the dog causing it to react and bite
Threatening or attacking the owner of the dog (causing the dog to defend his human)

Damages in a Dog Bite Claim

Damages can take the form of monetary and non-monetary loss, and may include the following:

Medical expenses: You can hold the dog owner liable for medical costs, and should also provide a medical report outlining future expenses for treatment.
Pain and suffering: If you suffer physical, emotional, or mental distress as a result of the injury, you may be compensated.
Lost wages: If you lost work days due to your injury, you are entitled to compensation for the wages lost.
Permanent scarring or disability: Permanent injuries suffered from the bite should be compensated.
Rehabilitation Expenses: If therapy or rehabilitation will be necessary, these costs go into the damages as well.

If you have been bitten by a dog, be sure to take clear photos of the injury and see a doctor right away. The evidence in these cases is best when fresh, so do not wait too long to begin to collect information.

Call Probinsky & Cole and we will help you to recover the compensation you deserve.