2022 has seen countless news stories of Florida residents being injured or even killed by injuries stemming from dog attacks. A recent study has shown that dog bite injuries were the 13th most common reason for emergency room visits in the USA, trumping the number of injuries due to motorcycle accidents, gunshots, and drowning. Not all of these dog bites are dangerous, but they might rise to the level of a lawsuit if your injuries were egregious and you were a clear victim without provocation. Read on to learn about laws surrounding dog bites in Florida.
The Facts
Injuries from dog bites can be settled through the civil court system, often without going to court. Still, a personal injury lawyer can help you navigate the laws and insurance claims to ensure just compensation is received. Florida has a handful of laws that together clearly establish the fault or negligence of a dog owner.
These statutes say that a dog owner is strictly liable for their dog’s behavior if
- Their dog bites another person, and
- The victim was lawfully in a public or private location
Because these issues are settled through the civil court system, one party’s negligence must be proven. However, the negligence of both parties can vary based on actions taken before the attack. The law states that “… any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident.” Put simply, the dog bite victim can be found negligent if they in some way provoked the attack, such as by entering a restricted area or unnecessarily encouraging a dog to attack.
Settlements For Dog Attacks and Bite Injuries
Because Florida law provides straightforward ways for a victim to prove negligence on behalf of the dog owner, many cases are settled out of court. These cases can provide compensation similar in fashion to other injury cases.
Medical Bills: Most obviously, any injuries or ailments incurred from the attack that required medical care are often the responsibility of the dog owner to pay. You should receive a copy of your detailed medical report and include any potential tests or procedures that might be necessary for the future.
Lost Wages: If you miss work due to your injury, the liable party is responsible for compensating you based on wages lost. Serious injuries leading to permanent hardship can be complicated and often have to be negotiated through insurance.
Pain and Suffering: Varying compensation amounts can be provided based on the pain and suffering of the victim. More severe injuries and traumatic experiences will lead to a higher payout.
What To Do Following An Attack
Immediately following an attack from a dog, you should gather any evidence you can. Taking pictures and receiving info from the owner are crucial first steps to establishing the facts of the case. Medical care should be obtained as quickly as possible and prioritized if severe. Finally, even if the owner is cooperative, discussing your situation with a personal injury attorney will ensure you get an expert opinion about the amount of compensation that is common for these cases. Taking a case to civil court is only sometimes worth the effort, time, and money, especially if the other party is willing to cooperate and settle out of court. Still, your injuries deserve to be fully compensated. Your attorney can recommend the best course of action.
Probinsky & Cole are expert personal injury attorneys with offices in Tampa, Orlando, and Sarasota.
