Florida Dog Bite Laws
Florida dog bite laws allow injured victims and their families to hold a dog’s owner legally responsible for the injuries a dog causes under most circumstances. Dog owners have a duty to keep others safe from their pets.
If you were hurt and are considering your options for compensation, a Florida dog bite lawyer can answer your questions and navigate the claims process for you. Most provide free consultations for victims.
Can I Sue for a Dog Bite in Florida?
Most dog bite victims can sue for a Florida injury. Florida law allows victims to hold dog owners accountable for the injuries that occur. Owners must take reasonable care to prevent attacks and injuries, and when they fail to do so and injuries occur, this is negligence.
If you or your child were hurt by a dog in Florida, you likely have a right to sue for compensation. There are exceptions, but they are rare. For example, you may not be able to sue if you were illegally trespassing when the bite occurred.
Your best option for learning more about your rights is to speak to a Florida personal injury law firm. Their dog bite lawyers will answer your questions and represent you based on contingency. You should not need to pay upfront fees or costs to secure legal representation in these cases.
Does Florida Have a One-Bite Rule?
Some states have what is known as a one-bite rule. This law effectively gives dogs and their owners one “free” bite before they can be held responsible for the animal’s behavior. Florida does not have this type of law. Victims in Florida dog bite cases can hold the owner legally responsible regardless of the dog’s previous behavior.
Under Florida Statute § 767.04, a dog’s owner is strictly liable for injuries and damages if their dog bites someone. This is true regardless of where the bite occurs. This also applies even if the dog has never had any previous aggressive behavior.
Per Florida Statutes § 767.12, those who own dogs with a history of aggressive behavior, known as “dangerous dogs,” could face additional legal concerns and even criminal charges if their dog is allowed to cause injuries again.
How Much Is a Dog Bite Settlement in Florida?
One of the most common questions victims ask is: “How much is a dog bite settlement worth in Florida?” This is a difficult question to answer because every case has its own facts and is different from other cases in many ways. There is no way to determine how much a case might be worth without investigating what happened, understanding the insurance coverage available, and documenting the damages in the case.
Many dog bite victims recover the same types of damages in their case. This could include:
- Pain and suffering damages
- Scarring, disability, and other intangible losses
- Medical care for dog bite injuries, current and future
- Treatment and support for emotional distress, anxiety, and other mental health concerns common after dog bite injuries
- Replacement of damaged personal property
- Income losses for missed work
- Diminished earning capacity if the attack caused new disabilities
- Related expenses, such as travel costs for treatment in another area
It is important to consider that many dog bite victims are children. Children have different considerations after a dog bite injury. It is important to work with medical experts to understand future care costs following any serious bite injury. However, the costs of managing scarring, scar tissue, joint mobility, and mental health in children add up quickly. This should not be overlooked when negotiating a settlement in these cases.
Building a Case Based on Florida’s Dog Bite Laws
If you or a loved one suffered serious injuries in an attack, you should consider working with a Florida dog bite lawyer to ensure your rights remain protected and you get fair compensation in the case. The dog owner’s insurance coverage—usually homeowners or renters insurance—should pay for your treatment and other damages. However, the insurance company will not make it easy to get the money you deserve.
Recovering compensation in a Florida dog bite case requires a careful investigation, convincing evidence of what occurred, expert opinions, and skilled negotiations. Each of these steps requires experience and skill that most bite victims do not have. This is why working with an attorney is best.
When you hire a lawyer to manage your Florida dog bite claim, you can focus on your treatment and recovery or your child’s care. You do not have to figure out how to navigate the claims process and build a strong case to secure a payout. Your attorney will manage that and much more. You can expect your lawyer to:
- Answer your questions promptly and provide frequent case updates
- Identify and review the insurance coverage available to you
- Investigate what happened, interview witnesses, and preserve video of the attack when available
- Ensure you continue your medical care and receive any specialist care if needed
- Develop a compelling argument for fair compensation
- Deal with the dog owner’s insurance company and all related communication
- Negotiate a fair agreement when possible
- Sue the dog owner and prepare to litigate the case when needed
How Long Do You Have to File a Claim of a Dog Bite in Florida?
Under Fla. Stat. § 95.11, you generally have up to two years to file a civil lawsuit against a dog’s owner in these cases. However, you will want to get started much sooner. Your attorney will need time to gather evidence and build a compelling case to hold the dog’s owner responsible for the damages you incurred. Contact an attorney as soon as your injuries allow so they can get to work quickly.
Talk to a Florida Dog Bite Lawyer About Your Legal Options
Meldon Law is providing free consultations for dog bite victims and their families in Florida. We can assess your rights and options after a dog bite injury. Contact us today to get started.
