If you or a loved one has been bitten by a dog, it’s important to understand that you have the right to seek compensation for your losses, just as in any other personal injury case. In Florida, specific laws can influence the outcome of your case, either in your favor or against it. One key aspect of Florida law is that dog owners are held fully responsible for any medical expenses that arise from a dog bite, regardless of whether the dog has shown aggressive behavior in the past.

At the law office of Brandon J. Broderick, we understand how overwhelming this situation can be, and we are here to offer you support, compassion, and legal guidance. When you work with one of our experienced Florida dog bite attorneys, there’s no need to worry about upfront costs—we work on a contingency fee basis, which means you only pay if we successfully win your case. This allows you to focus on your recovery without the stress of financial uncertainty.

It’s not uncommon for dog bite victims to hesitate when the dog belongs to a friend or family member. However, it’s important to know that in most cases, homeowner’s insurance covers dog bite claims. Filing a claim does not necessarily lead to the dog's euthanasia. Without filing a claim, you may find yourself responsible for paying medical bills and covering other damages on your own.

We are here to help you recover your losses. For compassionate, experienced representation, contact us today for a free consultation with one of our Florida dog bite attorneys at Brandon J. Broderick, Attorney at Law, by calling (877) 665-8408.

The information below provides further insight into dog bite injuries and your legal options in Florida. Let us help you navigate the path toward healing and justice.

Ensure Your Current and Future Medical Needs Are Covered

A dog attack can have devastating effects, both physically and emotionally, often leading to long-term health issues. It’s essential to carefully evaluate how your injuries will affect your life—physically, emotionally, and financially—now and in the future. If you or a loved one has been seriously injured, it’s important not to settle too quickly. You deserve full compensation for your current and future medical expenses, pain, suffering, and other impacts.

Skilled Negotiators and Trial Lawyers With Extensive Experience

Many dog bite victims may assume they don't need legal representation because of the clear liability laws in states like Florida. However, even when liability is evident, insurance companies often undervalue claims or delay full payments. By working with Brandon J. Broderick, Attorney at Law, our experienced team will handle all communications with the insurance company and fight to ensure you receive the full compensation you deserve.

Brandon J. Broderick, Attorney at Law, Your Dedicated Advocates in Difficult Times

At Brandon J. Broderick, we are committed to helping you during this challenging time, allowing you to focus on your recovery. Our Florida legal team is here to fight for the compensation you need and deserve. We will defend your rights every step of the way, ensuring you have the support and guidance necessary during this difficult period.

Contact us today for a free consultation to explore your legal options.

Florida's "Strict Liability" for Dog Owners: What You Need to Know

Florida is a "strict liability" state when it comes to dog bites, which means dog owners can be held liable for injuries caused by their dog regardless of the dog's prior behavior or the owner's knowledge of the dog's potential for aggression. This legal doctrine is outlined in Florida Statute § 767.04, making it important for dog owners to understand their responsibilities and potential liabilities.

What is Strict Liability?

Under Florida's strict liability law, if a dog bites someone, the owner is automatically responsible for any damages caused by the bite, provided that:

  • The victim was lawfully on public or private property, including the owner's property.
  • The bite occurred within the state of Florida.

In contrast to some states where a "one-bite rule" applies (where owners may not be held liable until their dog has shown aggression), Florida's strict liability holds owners accountable even if their dog has never bitten or attacked anyone before.

Owner Liability for Non-Bite Injuries

In Florida, dog owners are also held accountable for injuries caused by their dogs that do not involve bites. The law states that owners are "liable for any damage done by their dogs" to people, domestic animals, or livestock. While this law is phrased differently from the statute regarding bite injuries, Florida courts have consistently ruled that it imposes strict liability on owners for any harm their dogs cause, regardless of whether the injury resulted from a bite or another action.

Exceptions to Strict Liability

Although strict liability applies broadly, there are a few exceptions under Florida law:

  1. Trespassing: Under Florida law, an injured person must be "lawfully" present at the location where the bite occurred in order to seek compensation. For instance, invited guests and mail carriers are considered lawfully on a homeowner’s property. However, if someone is on private property without permission or a legal reason, they are trespassing. In such cases, a trespasser is typically not entitled to recover damages if they are injured by the homeowner's dog.
  2. The Owner Displays Warning/Bad Dog Signs: Even individuals lawfully on a dog owner’s property may be barred from recovering damages under Florida’s strict liability rule. If the owner has clearly displayed a visible and easily readable sign with the words "Bad Dog," the owner's liability may be reduced. However, this exception does not apply if the victim is under six years old or if the owner's negligence contributed to the injuries.
  3. Provocation: If the dog bite victim provoked the dog, such as by teasing, harassing, or physically harming the animal, the owner may be exempt from liability.

Someone who is entitled to be on private property, such as an invited guest, is not trespassing.

Consulting with an attorney at Brandon J. Broderick, Attorney at Law, can provide further clarity and guidance based on the details of your case.

Comparative Negligence in Florida

Florida's comparative negligence rule applies to dog bite cases. This means that if the victim shares some fault in the incident, such as provoking the dog, their compensation may be reduced by the percentage of their fault. For example, if the victim is found to be 25% at fault, their damages will be reduced by that percentage.

Filing a Lawsuit Under Florida Negligence Rules

In Florida, dog bite victims can file a lawsuit under the state's strict liability rules. Alternatively, they may pursue an injury claim based on general negligence principles. However, negligence claims are more difficult to win, as the plaintiff must not only prove the injury but also show that it was caused by the defendant's carelessness.

For victims eligible for a strict liability case, pursuing a negligence claim is typically unnecessary. That said, there may be certain situations where filing a negligence lawsuit could be a more advantageous option.

Negligence Claims Against Non-Owners

In Florida, strict liability for dog attack injuries applies only to the owner of the dog. However, there may be situations where a victim can argue that someone else—such as a dog-walker or the dog owner's landlord—was responsible for their injuries. In these cases, a victim can file a negligence claim against the person or parties at fault. To successfully prove negligence, the plaintiff (the injured party) must demonstrate that the defendant had responsibility for the dog at the time of the incident and failed to take reasonable steps to protect others from the dog, resulting in the injuries.

Understanding Florida's Laws Regarding "Dangerous Dogs"

Florida has specific laws that address the handling of "dangerous dogs," aiming to protect the public while balancing the rights of dog owners. Under Florida Statute § 767.12, a dog can be deemed dangerous if it has aggressively bitten, attacked, or caused severe injury to a person, or if it has seriously injured or killed another domestic animal. Additionally, a dog may be classified as dangerous if it has chased or menaced someone unprovoked, creating a fear of harm.

Key Provisions of Florida’s Dangerous Dog Law

  1. Initial Investigation and Classification If a dog has been reported as potentially dangerous, animal control authorities will investigate the incident. If they determine the dog meets the legal definition, the dog will be classified as dangerous, and the owner will receive notification.
  2. Owner Responsibilities Once a dog is classified as dangerous, the owner must comply with specific legal obligations, including:
    • Registration: The dog must be registered with the local animal control authority and receive a special dangerous dog identification number.
    • Confinement: Dangerous dogs must be securely confined on the owner's property, either indoors or in an enclosed and locked pen.
    • Warning Signage: Owners must post visible warning signs on their property indicating that a dangerous dog resides there.
  3. Liability If a dangerous dog causes injury or death to a person or another animal, the owner may be held civilly liable for damages, including medical bills and property loss. In cases where the dog causes severe harm, the state may order the dog to be euthanized.
  4. Criminal Penalties Owners of dangerous dogs can face criminal penalties under certain conditions, particularly if the dog attacks despite the owner’s failure to properly confine or control the animal. In such cases, owners may be charged with a misdemeanor or felony, depending on the severity of the injury caused.
  5. Defenses There are some defenses to a dangerous dog designation or liability. For example, if the dog was provoked or if the victim was trespassing on the owner’s property, the owner's liability may be limited.

Avoiding Dangerous Dog Classification

To avoid potential liability, Florida dog owners must act responsibly, including properly training and socializing their pets, keeping them on leashes in public, and ensuring secure confinement at home.

Understanding these laws is essential for dog owners in Florida, as they not only protect the public but also ensure that responsible dog ownership is maintained.

What to Do If You're Bitten by a Dog in Florida

If you have suffered an injury after a dog bite attack in Florida, our law firm recommends that you take the following immediate actions:

  • Contact the Police: Dog bite incidents often involve conflicting accounts. Allow the police to conduct interviews and establish the facts.
  • Take Pictures: Collect as much evidence as possible. Photographs of your injuries, the dog, the location, and other relevant details. Having as much proof as possible can be very valuable in your case.
  • Take Notes: Document the time and location of the attack, whether the dog was contained, and any other specific details.
  • Speak with Witnesses: If there were witnesses, get their full names, addresses, and phone numbers. This information may be necessary for further investigation.
  • Speak with the Dog's Owner: Obtain the owner's full name, address, and phone number. This information is very important for the investigation.
  • Seek Medical Attention: Even if the injury seems minor, you should still seek immediate medical attention. According to the CDC, one in five dog bites becomes infected.
  • Contact Brandon J. Broderick, Attorney at Law: Let our experienced Florida dog bite lawyers help you build a strong case and secure the highest amount of compensation possible.

Seeking Compensation in Florida Dog Bite Cases

If you sue a dog owner, your lawsuit will follow the same process as other personal injury lawsuits in Florida. If the owner is found liable for your injuries or damaged property, they (or their insurance) must pay you compensation.

Damages a Dog Bite Victim Can Recover

Victims of dog bites in Florida may be entitled to compensation for:

  • Medical expenses: This includes immediate medical care, surgeries, and future treatments.
  • Lost wages: If the injury causes the victim to miss work, they can claim compensation for lost earnings.
  • Pain and suffering: Compensation may be awarded for physical pain, emotional distress, and any long-term impact on quality of life.

Consulting with a dog bite attorney at Brandon J. Broderick, Attorney at Law, can provide further clarity about the damages you may seek based on the specifics of your case.

How Homeowners Insurance Can Help with Dog Bite Claims

According to the Insurance Information Institute, dog bites and other dog-related injuries account for more than one-third of homeowners' insurance claims in recent years. If you've been attacked by a dog, you may be able to file a claim against the dog owner’s insurance. However, the compensation offered might not cover all of your losses, as the insurance policy may have limits that don’t fully cover medical expenses or other damages.

Common Injuries Associated with Dog Bites

Dog bite victims can suffer a wide range of injuries, from minor cuts and bruises to severe, life-threatening wounds that may require extensive medical treatment over months or even years. The elderly and young children are especially vulnerable to fatal injuries from dog attacks.

Dog bites commonly affect the face, hands, and feet, often leading to bone fractures and ligament tears that may require multiple surgeries. Reduced blood flow to these areas can result in delayed healing and a higher risk of infection. Serious dog attacks can also cause more severe injuries like avulsions, amputations, and nerve damage, leaving victims with long-term or permanent disabilities.

According to the Centers for Disease Control and Prevention (CDC), there are 4.5 million dog bites in the U.S. annually, with about one in five bites becoming infected. This means nearly a million infections occur each year due to dog bites. Infections are a significant risk for bite victims, with Capnocytophaga, a bacteria commonly found in dogs’ mouths, posing a serious threat to humans. While harmless to dogs, this bacteria can cause severe infections or even sepsis in humans. Additionally, other harmful bacteria that thrive in dogs' mouths can also lead to dangerous infections in humans.

Preventing Dog Bites and How to Respond When They Happen

Any dog can bite, so it's important to stay cautious around all dogs, even those you know or that belong to friendly breeds. Dogs of any breed may bite, often in self-defense or as a reaction to certain situations. According to the American Veterinary Medical Association (AVMA), the best ways to prevent dog bites are through education, responsible pet ownership, and avoiding risky situations. It's especially important to supervise interactions between children and dogs to prevent serious bites.

Knowing what to do and what not to do after a dog bite is important. Proper pet care and training are key as well. As a dog owner, your primary responsibility is choosing a dog that fits well with your home and community. Socializing and training your dog can greatly reduce the risk of aggressive behavior.

Over time, your dog's behavior and needs may evolve. The increase in dog bite incidents, coupled with the puppy boom following the COVID-19 pandemic, underscores the importance of ongoing socialization. If your dog hasn't been socialized recently, it's important to stay informed about techniques to safely reintroduce them to society.

If you or someone else is bitten by a dog, immediately clean the area with soap and warm water and seek medical care. Be sure to report the incident to the police or a local animal shelter. If the injury requires medical attention, it’s also a good idea to consult with a Florida dog bite lawyer.

Do You Need a Lawyer for a Dog Bite Case in Florida?

Hiring an experienced dog bite lawyer in Florida can greatly increase your chances of recovering the compensation you deserve. Even when liability is clear, insurance companies often underpay or deny claims. A lawyer can advocate for you during negotiations and handle all communications with the insurance companies. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. While it is possible to manage a dog bite claim on your own, having legal representation significantly improves your chances of obtaining fair compensation and navigating the legal complexities. A personal injury lawyer will be your advocate, working to secure the best possible outcome for your case.

Understanding the Statute of Limitations for Dog Bite Lawsuits in Florida

Florida, like all states, sets deadlines for filing civil lawsuits. For personal injury claims, the statute of limitations in Florida is two years. This means you have two years from the date of the incident to file a negligence or strict liability lawsuit if you’ve been injured or your property has been damaged by someone’s dog.

You Might Have More Time to File a Claim

Florida updated its negligence statute of limitations, effective March 24, 2023. If your injury occurred before this date, your case likely falls under the previous statute of limitations, giving you four years from the injury date to file a lawsuit rather than the new two-year limit. To ensure you understand how these changes affect your case, it's important to consult with a Florida personal injury lawyer for tailored advice.

Victims of dog attacks often suffer severe mental trauma in addition to physical wounds that refuse to heal. At Brandon J. Broderick, Attorney at Law, we prioritize our clients' wellbeing. You can put your trust in our legal team to get you the best possible outcome so that you can focus on your family and healing while we handle the legal details.

Our dog bite lawyers in Florida do not require clients to pay any upfront fees. Only if we provide a successful resolution will we be compensated. The insurance company may offer you a very small settlement if you do not file a claim, and it may not be enough to cover your basic needs.

Contact us as soon as possible so that we can help you seek compensation for the losses and damages to which you are entitled. We're here to support you, protect your legal rights, and help you recover.

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