Florida's Strict Liability Law for Dog Bite Cases and What It Means

liability-law-dog-bite

Dogs are popular pets in Florida, but with ownership comes responsibility. A dog biting or attacking someone can result in severe injury and legal consequences.

Florida has strict liability laws for dog bite cases, which means that dog owners can be held responsible for damages caused by their pets, even if they do not know about the dog's aggressive behavior. 

This blog post will examine Florida's strict liability law for dog bite cases and what it means for you.

What Is Florida's Strict Liability Law For Dog Bite Cases?

Under Florida law, dog owners are always responsible for any harm their dogs cause. This means that if a dog bites or attacks someone, the owner is liable for the damages, regardless of whether the owner knew the dog was aggressive or had any prior knowledge of the dog's behavior. 

The only exception is if the person who was bitten was trespassing or committing a crime on the owner's property.

Florida's strict liability law says dog owners are responsible for any injuries their dogs cause, including bites, scratches, and falls. It also applies whether the dog was on or off the owner's property at the time of the incident.

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What Does Strict Liability Mean For Dog Owners?

Strict liability means that dog owners are responsible for any injuries their dogs cause, even if they were careless and could have stopped it. If a dog attacks someone, the owner is responsible for the victim's medical fees, lost pay, and other losses.

The dog owner could also be responsible for the victim's pain and suffering and any emotional stress caused by the attack. In severe cases, dog owners may have to pay "punitive damages" to punish them for being careless or reckless.

What Should You Do If A Dog In Florida bites you?

If a dog bites or attacks you in Florida, you must go to the hospital immediately. Dog bites can cause serious infections, so cleaning the wound and receiving proper medical treatment as soon as possible is crucial.

After getting medical help, you must tell the local animal control agency or the police about what happened. This will make an official record of what happened, which you can use as proof if you decide to sue the dog's owner.

Getting as much information as possible about the dog and its owner is also critical. This information may include the breed, color, and size of the dog, as well as the owner's name and contact information.

You should acquire the contact information of any witnesses present during the incident.

Can The Victim's Negligence Contribute To A Dog Bite Case?

Under Florida's strict liability law, the victim's negligence cannot be used as a defense by the dog owner. This means that even if the victim was partially responsible for the incident, the dog owner is still liable for any injuries caused by their pet.

However, the victim's negligence can impact the damages awarded in the case. If the victim's negligence contributed to the incident, it might reduce the injuries to reflect the victim's share of the responsibility.

What Damages Can You Recover In A Florida Dog Bite Case?

a golden retriever

In a Florida dog bite case, the victim can recover a range of damages, including:

  1. Medical bills: This includes the cost of any medical treatment required due to the dog bite.
  2. Lost wages: If the victim cannot work due to their injuries, they may be entitled to compensation for lost wages.
  3. Pain and suffering: This includes compensation for any physical or emotional pain and suffering resulting from the dog bite.
  4. Scarring and disfigurement: If the victim suffered scarring or disfigurement due to the dog bite, they might be entitled to compensation for the impact on their appearance and quality of life.
  5. Punitive damages: In some cases, the court may award punitive damages to punish the dog owner for their negligence or reckless behavior.

Overall, Florida's strict liability law for dog bite cases means that dog owners are responsible for any injuries caused by their pets, regardless of the victim's negligence.

Taking immediate action after a dog bite incident is essential, including seeking medical attention and reporting the incident to the proper authorities.

Please keep in mind that the wounds that result from a dog bite can be severe and persistent, and as a result, you must take steps to safeguard both your physical and financial well-being.

Defenses To A Florida Dog Bite Claim & Exceptions

 It is important to note that some exceptions and defenses to Florida's strict liability law for dog bite cases exist. For instance, if the victim was trespassing on the owner's land or inciting the dog, the dog's owner may argue that they were not responsible for the occurrence and should not be held accountable for it.

Also, let's say the victim was a vet or someone else who worked with animals and knew the risks of working with dogs. Under strict liability law, they might not be able to get damages in that case.

In that scenario, they won't be compensated for their damages under the strict responsibility legislation. The rule only applies to injuries caused by dog bites; it does not cover injuries brought on by other animal assaults.

This is another crucial point to keep in mind.

Trespassing

Trespassing on the owner's property or provoking the dog can also be used as a defense by the dog owner.

If you have been harmed in a dog bite event in Florida, you must work with an expert personal injury attorney. They can help you understand your legal rights and options and work to hold the responsible parties accountable for their actions.

With their assistance, you may recover compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the dog bite incident.

Provocation

The dog owner can also use provoking a dog as a defense. If the victim started the dog, teasing or hitting it, the dog owner might argue that they were not liable for the incident. However, we must note that provocation must be proven and cannot simply be assumed.

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Conclusion

Florida's strict liability law for dog bite cases holds dog owners responsible for any injuries caused by their pets. If a dog in Florida has bitten you, you may be entitled to compensation for your injuries, including scarring and disfigurement.

However, there are some exceptions and defenses to the law, such as trespassing or provocation by the victim.

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