In 2022, the United States Postal Service (USPS) reported that Florida ranked 7th in the country for dog bites. This is a dubious honor, to be sure, but it places a spotlight on the need for dog owners to be proactive about protecting others from their pets. Many Florida residents have been injured and even killed by injuries stemming from dog bites and attacks. Injuries caused by dog bites are the 13th most common reason for emergency room visits – outnumbering drowning, motorcycle accidents, and gunshots. Of course, not every dog attack results in a serious injury, but they might rise to the level of a lawsuit if the victim was injured without provocation. Read on to learn about laws surrounding dog bites in Florida.
Dog Bite Statistics
Injuries arising from dog bites are typically settled through the civil court system – without a required court appearance. A personal injury attorney is instrumental in helping you to understand the laws and insurance claims and to ensure you receive fair compensation for your injuries and emotional trauma. Florida has several statutes that are in place to determine the negligence of a dog owner.
The law dictates that a dog owner is strictly liable for their dog’s actions if
- Their dog bites another person, and
- The dog bite victim was lawfully in a public or private location
Because these cases are settled through the civil court system, the attorney must prove negligence of at least one party. However, the parties may share the burden of negligence based on the details of 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.” In other words, the victim may be found negligent if it is determined that the attack was provoked – such as by entering a restricted area unlawfully.
Dog Bite Injury Settlements
Because Florida law provides clear guidelines for a victim to prove negligence on behalf of the dog owner, many cases are settled out of court. These cases can garner compensation just as in other injury cases.
Medical Expenses: Any injuries or ailments incurred from the attack that necessitated medical treatment are typically the dog owner’s responsibility. Victims should produce a detailed medical report regarding all current and potential future treatments.
Lost Income: If a victim misses work due to their injuries, the responsible party must provide compensation based on lost wages. Serious injuries resulting in permanent hardship can be complex and may have to be negotiated via insurance.
Pain and Suffering: Compensation may be provided based on the pain and suffering of the victim, with severe injuries and traumatic experiences leading to higher compensation amounts.
After An Attack
Immediately following a dog attack, victims should gather any evidence possible. Taking photographs and documenting information from the owner are vital initial steps when building a case. Victims should seek medical care as quickly as possible. Remember, even if the dog owner is cooperative, discussing the attack with an experienced personal injury attorney will put you in the best position. Taking a case all the way to civil court is rarely worth the necessary effort, time, and money – especially if the dog owner 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 Orlando, Tampa, and Sarasota.
