If you are a victim of a dog bite in Florida, there are several legal remedies you can consider:
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Strict Liability Under Florida Law: Florida follows a strict liability dog bite law (Florida Statute 767.04). This means that the owner of a dog is liable for injuries caused by their dog biting someone, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. This applies whether the bite occurs in a public place or while the person is lawfully in a private place, including the property of the dog owner.
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Negligence Claims: If the dog owner's negligence led to the bite, you could file a negligence lawsuit. This might be applicable if the owner failed to properly secure the dog or violated local leash laws.
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Negligence Per Se: If the dog bite occurred due to the owner's violation of an animal control law (like leash laws), this might constitute negligence per se, making the owner automatically liable for any damages caused by the dog.
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Landlord Liability: In certain cases, a landlord can be held liable for a tenant's dog if the landlord knew the dog was dangerous and could have taken measures to remove the danger.
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Homeowner’s Insurance Claims: Many dog bite incidents were covered under homeowner’s or renter’s insurance policies. If the dog owner has such insurance, you may file a claim for your injuries. However, more and more, animal liability coverage is being excluded under standard homeowner insurance policies.
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Criminal Charges: In cases where the dog bite is severe or if the dog is known to be dangerous, criminal charges could be brought against the owner.
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Damages: You may be able to receive compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the dog bite.
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Statute of Limitations: Be aware that there is a statute of limitations for filing a lawsuit in dog bite cases in Florida. This is typically two years from the date of the bite.
It is advisable to consult with a personal injury attorney who is experienced in dog bite cases in Florida. The attorney can provide guidance specific to your situation, help you understand your rights, and assist in navigating the legal process to seek compensation for your injuries.
You can reach Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
