Florida Dog Bite Laws

Dogs are widely known as ‘man’s best friend’, and in many households are considered to be part of the family. Sadly, when dogs get in the hands of negligent or irresponsible owners, dogs run the risk of becoming dangerous to the people around them.  No one wants to imagine that they or a loved one will ever be involved in a dog attack. An attack by a dog is an extremely traumatic experience that can cause significant injuries. While most dog bites result in superficial injuries such as puncture wounds and lacerations, some dog bites can be more severe, causing traumatic injury and in some cases death. According to the CDC, nearly 1 in 5 people who are bitten by a dog require medical attention. Although anyone can be affected by a dog bite, it is usually young children and the elderly who are more at risk for dog bites. 

Why Do Dogs Bite? 

Dogs attack for a number of reasons, and there is no specific reason or circumstance for which a dog bite is provoked. Dogs may attack or bite when they feel threatened. Another reason dogs bite is when they become protective over food or toys. Female dogs with puppies are also more likely to bite when they feel threatened. Sick or injured dogs may also be more likely to attack. It’s important to teach young children not to approach dogs that they do not know, to never approach a dog while it’s eating, and never get close to a dog that seems injured, scared or nervous.  

Who Is Liable After A Dog Bite in Florida?

According to Statute 767.04  “The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness…” In other words, the owner of the dog can be held liable for the damages inflicted by the dog bite, even if they were unaware of the dog’s vicious nature. Since Florida is what is known as a strict liability state when it comes to Dog Bites, then the owner of a dog who bites someone will be held liable if the person bitten was lawfully visiting a public or private property, including the dog owners property. The dog owner did not have to be aware of the potential for their dog to bite in order to be held liable. The injured parties do not have to prove that the dog owner was negligent. There is one caveat to this statute. If the dog bite occurred on the dog owner’s property where an ‘easily readable’ sign that reads “Bad Dog” was ‘displayed in a prominent place on his or her premises’ then the owner is not liable, except as to a person under the age of 6. 

Comparative Negligence

Because Florida is also a pure comparative negligence state, if a victim’s negligence also contributed to the dog bite, his or her compensation could be reduced by the percentage of fault the judge finds the victim to be. If the person bitten by the dog was acting in such a manner that the dog was provoked to attack, they will not receive full compensation. 

What is a “Dangerous Dog” under Florida Law

Florida Law States that a dangerous dog is: 

• - a dog that has aggressively bitten, attacked, endangered, or inflicted a “severe injury” on a human. A severe injury is one that causes broken bones, multiple bites, or disfiguring lacerations that require sutures or reconstructive surgery;

• - a dog that has on more than one occasion severely injured or killed a domestic animal while off the owner’s premises;

• - a dog that, without provocation, has chased or approached a person on the streets, sidewalks, or any public place in a menacing fashion or with an apparent attitude of attack.

An owner of a dangerous dog must register the dog within 14 days. Furthermore, the dog owner must confine the dog inside or outside. If outside, the dog must be in a properly secured pen that children can not enter, nor can the dog escape. When the dangerous dog is not confined, it must be muzzled and controlled with a sturdy leash or chain. A warning sign must be hung up at all entry points. A dog is not considered dangerous if the dog bite occurred when a person was not legally on the property where the dog resides.

Florida Dog Bite Statute of Limitations

In Florida, the statute of limitations for a dog bite case is four years from the date on which the injured victim sustained the dog bite injury. The statute of limitations is just like any other personal injury claim. If a claim is not filed in this allotted time, the victim will find themselves forever barred from seeking compensation for their injuries. 

Florida Dog Bite Injury Lawyer 

If you have sustained a dog bite injury, the first thing you should do is seek medical attention. The next thing you should do is contact an experienced dog bite accident attorney who thoroughly understands the law in this area. Robert Gluck understands the complexities and challenges associated with the laws about animal bites in Florida. He will protect your rights and fight aggressively for justice and work hard to bring you a satisfactory legal outcome. Call him today for a free consultation at (877) Gluck-Law or email him directly [email protected]

 

Here’s How We Can Help: 

• Do you have a dog bite case? We are here to help you. Schedule your free case evaluation.

• Do you need a Florida personal injury lawyer? Hiring a lawyer to represent you can get you a significantly better outcome. 

• How much will it cost? The Law Offices of Robert Gluck works on a contingency fee basis, meaning you don’t pay unless we collect money for you.