Miami Animal Attack & Dog Bite Lawyer
Liability for a Dog Attack in Florida
Under Florida Law, a pet owner is “Strictly Liable” for any harm the animal causes.
What this means is that under Florida law an animal owner can be held liable for a dog’s bite even if the dog had never bitten before and the owner had no reason to know that the dog would bite. However, any negligence on the part of the person bitten that is the proximate cause of the biting incident will reduce the fault/liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident.
However, if the owner at the time of the incident had displayed in a prominent place on his/her property a sign easily readable including the words “Bad Dog” the owner would not be liable, unless the damages are proximately caused by a negligent act or omission of the owner. Unlike a premises liability case, an owner may be liable even though a warning was provided. Protection of liability is not applicable to a situation when the person bit is under the age of six.
The doctrine of “Strict Liability” applies not only to dog bites, but other animals. It applies to any animal whether domesticated or not. For example if a horse runs out onto the roadway and causes an accident, the owner is strictly liable for any damage the horse causes, even if the owner was not aware that the animal was lose. You are entitled to collect damages from the owner of the animal if you were injured as a result of attempting to flee from the animal even though you were not physically touched.
If you have been injured as result of an animal attack, it is very important that a thorough investigation of the accident and all facts surrounding it be conducted as soon as possible.
The Perez-Gurri Law Firm will handle all aspects of the animal attack / dog bite case, from filing the claim with the appropriate insurance companies to managing the collection and payment of all medical bills. We will explain Florida’s “Strict Liability” law to you and how it affects your case.
What to Do After an Animal Attack / Dog Bite:
- Report attack to the police
- Take photographs of animal involved
- Take photographs of all visible injuries
- Obtain the name and phone number of all witnesses
- Obtain immediate medical attention
- Do not speak to anyone but your attorney
You should consult with an attorney who can advise you of your rights and the potential value of your damages. Like in other accidents, it is very likely that an insurance company adjuster or investigator will attempt to contact you and obtain your statement before you have had an opportunity to speak with an attorney. It is always recommended that you speak to an attorney before you speak with a representative from an insurance company.
What Damages Can I Recover If I Am a Victim of a Dog Bite?
- Payment of medical bills
- Payment of lost wages
- Payment of lost services
- Payment for loss of earning capacity
- Payment for physical pain and suffering
- Payment for emotional pain and suffering
- Payment for property damage