If you are a dog owner in South Florida – or if you have been bitten or injured by someone else’s pet dog – you should be interested in the dog bite laws which may apply. These laws include guidance on the statute of limitations for filing a dog bite lawsuit in civil court in Florida, the state’s dog bites statute, and status as a “strict liability” state for dog bite incidents. We also need to discuss the defense you can mount as a dog owner if you have been sued because your dog bit someone.
Dog Bite Lawsuit – Statute of Limitations
The Florida statute of limitations establishes a stringent deadline on the right to file a lawsuit in your state’s civil court system. Different types of cases are subject to different statutes of limitation. A dog bite injury lawsuit is classified as a personal injury case. The state’s statute of limitations on personal injury cases allows four years to begin a case by filing a complaint in court. The four years begin on the day the dog bite or attack occurs.
Some circumstances may allow for an extension, but these are very rare. A victim typically understands fairly quickly after a dog bite what they are dealing with – and will rarely need more than 4 years to initiate a lawsuit. Call a Sarasota personal injury attorney if you have any questions regarding the statute of limitations for dog bites or have extraordinary circumstances.
Florida law states that a dog owner is liable for injuries if their dog bites another person, and that person is in a public place or lawfully in a private place (including the property of the owner of the dog.)
This statute only applies to injuries caused specifically by dog bites. However, an individual injured by a dog in another manner may assert that the dog owner is liable if owner negligence resulted in the injury. For instance, a person who is knocked down by a dog who was not properly leashed at a park may be able to establish liability.
In regards to dog bites, Florida is a “strict liability” state. This means that a Florida dog owner may be held liable the dog bites someone – even if the owner had no warning or prior knowledge that the dog might bite someone.
Possible Owner Defenses – Dog Bite Lawsuit
A Florida dog owner has three possible defenses against a dog bite lawsuit:
- trespassing
- comparative negligence
- posting of a sign warning that the dog may bite or attack
Florida law requires the claimant to be lawfully or legally in the location where the bite occurred to recover damages. A person who is trespassing on private property without permission is not lawfully present. A dog owner may contend that the injured person was trespassing and therefore not entitled to any compensation.
If an injury victim’s own negligence is partly to blame for the dog bite, the percentage of damages a liable owner must pay will be reduced by a percentage equal to the contributory fault.
Lastly, under section 767.04, a dog owner is not responsible for bite injuries if they had displayed—in a prominent place on the property—a readily visible sign that includes the words “Bad Dog.” However, this sign won’t protect an owner from liability if the victim is under six years of age or if the owner was negligent.
If you are on either side of a dog bite lawsuit – as the dog owner or as someone who has been injured – you can discuss your case with a personal injury lawyer.
Probinsky & Cole are personal injury and immigration attorneys with offices in Sarasota, Tampa, and Orlando.
