Florida has strict liability for dog bites and animal attacks. Florida law, specifically section 767.04, imposes absolute liability upon the owner of a dog for any injuries caused by the dog regardless of the dog's previous behavior and provides absolute defenses by which a dog owner may escape liability from a dog bite injury inflicted by his dog. The statute reads "the owner of a dog is liable for damages inflicted by his or her dog that bites a person who is either in a public place or lawfully on the dog owner’s property.” Florida Statute 767.04.
Many times a dog bite will result in permanent scarring, nerve damage and a significant risk of infection. In addition, most dog bite victims, especially children, suffer psychological damage that lasts well beyond the physical injury.
A dog owner is liable, regardless of whether or not the dog had ever been vicious before; and regardless of whether the owner had reason to believe the dog would behave in a vicious manner.
Damages
There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category. Following is a break-down of the types of harm covered under economic and non-economic damages:
In dog bite cases, economic damages may include:
- Medical expenses – past and future
- Past lost income
- Future lost income, reduced to present value
- Lost support and services
- Any other economic loss that would not have occurred but for the injury
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Inconvenience
Statute of Limitations
In Florida, victims of dog bite injuries have four (4) years from the time of injury to bring a lawsuit against the owner of the dog.
Defenses
I'm providing information about defenses not only because it's wise to know what the other side may argue but also because many of us, including myself, are dog owners and we may be sued from our dog biting another person. One of the most important things to remember is that under Florida law, it is does not matter if your dog has never attacked another person. All that matters is that the attack happened and just that first time can mean a lawsuit. So for all the dog owner's out there here are the three (3) main defenses for dog owners when confronted with a claim for an injury.
1. Provocation
If a person "maliciously or carelessly" provokes a dog into attacking then the owner is not liable for any damages. This affirmative defense must be proven by the defendant in court.
2. Warning Sign (the most important one)
Having a sign like this in your home or business will protect you from any lawsuits by persons claiming that they were injured while on your property. This will not work, however, if the person injured is less than 6-years-old and it will not work if the dog attacked a person while out for a walk or if the dog escaped and attacked a person. The sign should have the words "Bad Dog" since those words is specifically used in the statute.
3. Proximate Cause
If the dog injury was the result of the negligence of another person, who is not the dog's owner, then the owner of the dog can have a defense that the attack was because of the negligence of the third party and not because of the dog.
What about if a dog injures your pet?
Injuries To Your Pet
If a dog or animal has injured or killed your pet, you may seek damages against the owner of the animal. Florida law says that owners of dogs are liable for any damages caused to a "domestic animal".
The Florida definition of "domestic animal" is as follows:
(10) "Domestic animal" shall include any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird. The term "animal," as used in this chapter, shall include wild or game animals whenever necessary to effectively control or eradicate dangerous transmissible diseases or pests which threaten the agricultural interests of the state.
Therefore, if your pet has been injured or killed by another person's dog then you have every right to file a claim against that person.
Contact me today if you or a loved one has been injured because of a dog or animal for a free consultation from a Miami Dog Bite Attorney. As in all personal injury cases, there is no fee or cost to you unless I recover money from the defendant for your injuries.
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami personal injury attorney about your legal rights and responsibilities regarding your particular case.