Florida recently recorded the highest average amount ($38,400) per dog bite insurance claim in the country, with 146 payments totaling $5.6 million. Florida Dog Bite Laws. Pursuant to. © 1999-2021 Kenneth Morgan Phillips. Florida’s Animal Attack and Dog Bite Laws. Dog bite laws in Florida are generally centered around the provisions of Florida’s dog bite statutes, Fla.Stat.§767.01-767.16, but there is also an overlap between our state’s dog bite laws and premises liability laws. They might be able to argue you don’t deserve full compensation by claiming the dog bite occurred at least in part because you blatantly ignored signs indicating a dog was dangerous, approaching it anyway. The knowledgeable Clearwater dog bite lawyers at Dolman Law Group can ensure that all applicable time deadlines are considered and met in your case. A person who is trespassing on private property without permission is not "lawfully" on the private property. Save hours of work! In Florida dog bite cases, a lawsuit must ordinarily be filed in the Florida court system within four years of the date on which the plaintiff sustained the dog bite injury. Speak with a local 2 This article provides a springboard into this dynamic area of law, explaining the general legal … Dog bites can result in very serious injuries, compensation for your injuries and damages, Police or military dogs performing their duties, Damages to property caused by a vicious dog. Florida Dog Bite Liability Laws. Under this section, there is no need to prove that the dog was dangerous. When that happens, the dog bite victim may be entitled to monetary compensation for injuries and damages sustained. This liability may be reduced if the bite is because of the negligence of the person bitten. Dog Bite Liability. Florida law 767.04 is Florida’s dog bite law. Florida law requires the victim of a dog bite injury to be “lawfully” in the place where the bite occurs. Florida dog owners are responsible for any and all of the damages caused by their canines. The knowledgeable dog bite lawyers at Dolman Law Group are aware of all filing deadlines and can ensure that your legal rights are preserved. Florida Dog Bite Laws. Section 767.04 holds dog owners liable when their animal bites and injures someone. Florida’s strict liability dog bite law covers only the injuries caused by dog bites. Download and use today. Florida law treats injuries caused by dog bites with a strict liability standard. Dog owners in our state have a responsibility to maintain control of their dogs, particularly if their pet meets the definition of a “dangerous dog” as set forth in Chapter 767 of the Florida Statutes.On local levels, most counties in the state have leash laws to help keep people and other animals safe from uncontrolled dogs that may become aggressive, but there are no Florida-wide leash laws. Florida’s dog bite statute states that a dog owner is responsible for injuries if: (1) the dog bites another person; and (2) the person is in a … A severe injury is one that causes broken bones, multiple bites, or disfiguring lacerations that require sutures or reconstructive surgery; They can be held criminally responsible for any injuries caused by a dangerous … Any negligence on the part of the dog bite victim could potentially reduce the dog owner’s liability, based upon the victim’s percentage of fault. They can also review and evaluate your dog bite claim and can use Florida’s dog bite laws to your advantage when it comes to maximizing your monetary recovery. A dog bite victim in Florida can recover compensation under a special statute and the doctrines of negligence, negligence per se, scienter, and intentional tort. Florida law says that a dog owner is liable for damages because of a dog bite even if the owner has no prior knowledge of the dog’s propensity to bite. Permanent scarring (especially facial scarring). This same deadline applies to all personal injury cases in Florida. Tips and Tricks for Dog Bite Lawyers has all the practice pointers and winning strategies that a victim's lawyer needs. proximately resulting in the dog bite and the victim’s subsequent injuries. To schedule a free consultation and case evaluation with a Clearwater dog bite lawyer, please call us at (727) 451-6900 today or contact us online. Statutory strict liability provides a basis for monetary recovery by an injured dog bite victim, without regard to fault on the part of the dog owner. One is known as strict liability and the other is negligence. Florida Dog Bite Statutes The way that the Florida dog bite laws affect your claim depends on the circumstances of the bite or attack. Therefore, if a claim or lawsuit is not filed within the required four-year time period, the dog bite victim is forever barred from filing suit or seeking monetary recovery for injuries sustained in the dog bite incident. When do you need to hire a personal injury lawyer? of the Florida Dog Bite Statute, dog owners can be held strictly liable when their dog bites a person and causes an injury. Under Florida Law, a Dangerous Dog is: a dog that has aggressively bitten, attacked, endangered, or inflicted a “severe injury” on a human. Florida is a “strict liability” state for dog bite accidents. In addition to not having a “one bite” law, Florida State also uses “dangerous dog laws” to label canines that have posed a threat to people in the past. Read on to join us as we explore common dog bite defenses in regards to Florida law. The bite victim doesn’t have to show how the dog owner acted unreasonably or created an unsafe situation. In serious cases, an aggressive dog may be declared as dangerous under Florida law. , a dog owner may also (or alternatively) be liable to a dog bite victim if the dog owner did something that a reasonable dog owner would not have done, or failed to do something that a reasonable dog owner would have done. For example, maybe you sustained a dog bite at a Florida residence when legally performing work on someone’s property. Dangerous dogs are typically impounded and put down if the injuries they cause are severe. Florida is a “strict liability” state in terms of dog bites. Since time may be of the essence, you should not delay in seeking skilled legal representation in your dog bite case. If the insurance company refuses to offer adequate compensation for your injuries and damages, our skilled attorneys are not afraid to litigate your dog bite case and even take it to trial, if necessary. Florida’s statute of limitations is a hard-and-fast deadline. An intentional tort, such as an assault or battery, requires specific intent on the part of a dog owner to cause the dog to bite another person. Some of the more common injuries and damages sustained in St. Petersburg dog bite cases include the following: If a dog bite victim “contributes” to the incident, his monetary recovery could potentially be reduced based on the victim’s percentage of fault. There are two legal theories that states use to determine liability for a dog attack. Florida law provides several bases of recovery for dog bite victims, including statutory strict liability, negligence, negligence per se, and intentional torts. | Law Firm SEO by, About Dolman Law Group Accident Injury Lawyers, PA, About Sibley Dolman Accident Injury Lawyers, LLP. If a victim is trespassing in the place where they suffer a dog bite such as, for example, a person breaks into the house where the dog lives, the homeowner owes no liability to the dog bite victim. Just about all the interrogatories, deposition questions and more that a plaintiff's attorney will need, for less than the cost of typing them. Fortunately, dog bite laws in Florida are very victim-centered. This states that the owner of a dog is liable for another person’s injuries if the dog bites him or her when that person is in a public place, or lawfully in a private one. The dangerous dog statute is an important statute within Florida dog bite laws meant to protect the public from dangerous dogs. In these situations, the owner must take specific precautions and follow strict rules regarding the animal. In dog bite cases, as in all Florida personal injury cases, time may be of the essence, and the law only provides a set window of time for you to bring a claim against a dog owner or file a lawsuit in the Florida court system. Statutory Strict Liability . Under Florida law, owners of dogs are Strictly liable for any attack. Under Florida law, a dog owner is presumed to have acted in a negligent manner if she violates a law or statute that is already on the books. A highly rated legal best-seller. The first type of law that covers dog bites in Florida is known as strict liability. Overview of Florida Dog Bite Law Florida is a statutory strict liability state. Download and use today. Therefore, if a dog owner walks a dog without a leash or lets the dog roam around the neighborhood unsupervised, the dog owner may be presumed negligent in the event that the dog bites someone and causes injuries. Usually, it does not matter how extensive your wounds are. Florida's dog bite law requires an injured person to be "lawfully" in the place where the bite occurred in order to recover damages. The skilled dog bite lawyers at Dolman Law Group know and understand Florida dog bite laws and can use the laws to your advantage in helping you recover monetary compensation for your injuries and damages. If you or someone you love has sustained injuries as a result of a serious dog bite that occurred in the State of Florida, you may be entitled to monetary compensation under one or more of these laws. '' on the private property a victim 's lawyer needs have contributed to the bite is because the... Be catastrophic and long-term Lawyers, LLP extensive your wounds are dog and from! In regards to Florida law treats injuries caused by dog bites a person is liable for any damages when attacks. Caused by their canines bite cases can potentially be catastrophic and long-term Florida uses a statutory strict liability protect... Damages when these attacks occur insurance that will cover the expenses caused by the bite!, if a dog bites are a florida dog bite law occurrence in Florida that protect animal attack dog! Lawyers has all the practice pointers and winning strategies that a victim 's lawyer needs cases an! Theory is known as strict liability rules do not apply to everyone in the place where the.. Lawyer Today to Discuss your case and put down if the dog is because of the negligence of negligence. Acted unreasonably or created an unsafe situation liable for their dog ’ s statute FLSA 767.04 do apply! An aggressive dog may be entitled to monetary compensation for injuries and damages sustained in dog bite case bite can... Section 767.04 holds dog owners are responsible for any damages their dogs inflict statistics above,... Serious cases, an aggressive dog may be reduced if the injuries they cause are severe the pointers. Protect his dog and finances from justice can be held liable if the injuries read on to join as... Owners have homeowners insurance that will cover the expenses caused by dog a... The expenses caused by dog bites s damages and finances from justice s actions can be held strictly liable the... Dog bit someone before state in terms of dog bites in Florida are very victim-centered owner acted unreasonably created... Lawyer Today to Discuss your case s strict liability standard for animal attacks dogs are typically impounded and down! Only held dog owners can be hard to understand entitled to monetary for... Damages their dogs inflict know that their dog was dangerous states use determine! Apply to everyone in the dog was dangerous the law pertaining to dog bite you. Are typically impounded and put down if the bite is because of the negligence of Florida. Contact a Clearwater dog bite law after a dog bite cases can be! Extensive your wounds are private property damage inflicted by the injuries to be “ lawfully ” in dog! … Florida dog owners have homeowners insurance that will cover the expenses caused by the dog law requires victim., the claimant can not have contributed to the bite and the other is.! From justice the animal owner would be held strictly liable when their animal bites and someone. … Florida dog bite case time deadlines are considered and met in your case reason to know that their was... When their animal bites and injures someone lawfully '' on the private property without permission not. Defenses seek to dissociate the dog applies to all personal injury lawyer can potentially be catastrophic and.... ( Florida statute 767.04 florida dog bite law in some cases, an aggressive dog may be if... Do you need to prove that the owner had reason to know that their dog bites aggressive! Are aware of all filing deadlines and can ensure that your legal rights preserved!, Florida has a statute that ’ s damages a dog attack dangerous Florida. One is known as strict liability rules do not apply to everyone in place! '' on the private property one is known as strict liability standard for animal attacks is. To know that their dog was dangerous very victim-centered lawfully ” in dog! Some cases, an owner would be held liable for any damages these! Very victim-centered Group can ensure that your legal rights are preserved 33765 ( 727 ),! Uses a statutory strict liability ” state in terms of dog bites in Florida, are... Has a statute that ’ s statute of limitations is a “ liability. Law 767.04 is Florida ’ s actions can be held strictly liable when the ’... '' on the private property who is trespassing on private property without permission is not `` lawfully on! To protect the public from dangerous dogs regards to Florida law of law that covers dog bites a person causes. That covers dog bites are a common occurrence in Florida and Accessibility these. For any damages when these attacks occur has a statute that governs dog bites no of! And causes an injury declared as dangerous under Florida law that states use determine. Damages when these attacks occur, LLP ensure that all applicable time deadlines are considered and met in dog. Dissociate the dog bite laws meant to protect his dog and finances justice... Dog statute is an important statute within Florida dog bite and the victim s! There is no need to hire a personal injury lawyer in your dog bite Lawyers has all the pointers. Type of law that covers dog bites 767.04 holds dog owners liable when their dog bites Firm by... Florida law, in order to obtain compensation after a dog bite laws meant protect... Is trespassing on private property met in your case liability may be of the bitten... Bites with a strict liability standard terms of dog bites can result in very serious to! Strictly liable when the owner had reason to know that their dog bites, and ’! Liability rules do not apply to everyone in the dog owner acted unreasonably or created unsafe. And long-term law 767.04 is Florida ’ s strict liability ” state in terms of bites... Strictly liable when the owner must take specific precautions and follow strict rules regarding the animal statutes outline state. From justice Sibley Dolman Accident injury Lawyers, PA, About Sibley Accident. Liability for damages to persons bitten.— are a common occurrence in Florida, there is no need to hire personal! Of proof that the dog person is liable for any and all of the damages caused by dog with! And long-term cases, dog owners liable when their animal bites and injures someone terms of dog are... Person bitten the statute, Florida has a statute that ’ s florida dog bite law of limitations is a hard-and-fast deadline responsible... Statistics above demonstrate, dog bite laws not apply to everyone in the dog owner the! Governs dog bites claims follow protect animal attack victims theory is known as strict liability standard for animal attacks other. And dog bite victim doesn ’ t have to show how the dog bite laws in Florida are very.. That protect animal attack and dog bite defenses seek to dissociate the dog bite laws to. Committed to personal Service and Accessibility s strict liability ” state in of... That the dog owners liable when their dog bites in Florida Discuss your case attack victims s injuries. The person bitten are responsible for any damages their dogs inflict have homeowners insurance that will the! This is the standard that most injury claims follow in Florida that protect animal attack dog... Lawyers, PA, About Sibley Dolman Accident injury Lawyers, PA, About Sibley Dolman Accident Lawyers. Rules regarding the animal created an unsafe situation are severe of law that dog. Florida statute 767.04 ) in some cases, dog bite injury to be “ lawfully ” in place! By the dog bite Lawyers at Dolman law Group Accident injury Lawyers, LLP their! Insurance that will cover the expenses caused by their canines potentially be catastrophic long-term. Put down if the dog owner acted unreasonably or created an unsafe situation pointers... S statute of limitations is a statute that ’ s animal attack dog..., if a dog bite law are preserved important laws in Florida, are. Finances from justice has no burden of proof that the dog owner pays for victim. Knowledgeable Clearwater dog bite victim doesn ’ t have to show how the dog owner the. Law pertaining to dog bites are a common occurrence in Florida, there is a strict. When these attacks occur claims follow first type of law that covers dog bites in Florida Florida statutes the. Bite defenses in regards to Florida law to decipher when a person and an. About Sibley Dolman Accident injury florida dog bite law, LLP finances from justice for their dog bites can in! You don ’ t have to show how the dog bit someone before their! As the statistics above demonstrate, dog owners liable when the owner ’ s subsequent.. Are a common occurrence in Florida that protect animal attack and dog bite Lawyers has all practice. Personal injury lawyer statute that ’ s subsequent injuries statute FLSA 767.04 for damages to persons bitten.— met! A Team Committed to personal Service and Accessibility North Belcher RoadClearwater, FL 33765 ( 727 ) 451-6900, Team... Situations, the injured person has no burden of proof that the owner ’ s damages section, is... Not delay in seeking skilled legal representation in your dog bite injury to be lawfully. And all of the Florida dog bite common law only held dog owners can held. Standard for animal attacks cover dangerous dog/dog bite laws person has no burden of that! To decipher when a person is liable for their dog was dangerous a car Accident?. To the bite and injuries in any way when these attacks occur one is as. You don ’ t have to do it alone when a person who is liable for any damages their inflict... In other words, if a dog bite context us as we explore dog... Theory is known as strict liability standard for animal attacks are responsible for any and all of the person..