Dog Bites
At Britto & Herman Injury Lawyers, we help individuals in Jupiter, Florida and all Florida counties seek appropriate compensation for their suffering and expenses if they have sustained injuries involving dog bites.
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Our Experienced Injury Lawyers Help Victims of Dog Bites in All Florida Counties
Injuries and losses from a dog bite can include not only medical expenses and lost wages, but also the emotional and psychological trauma experienced due to the attack. Understanding the full scope of a dog bite’s impact is crucial for dog attack victims and their families. Our experienced Florida dog bite attorneys at Britto & Herman Injury Lawyers understand the profound impact of these incidents, and we advocate for comprehensive compensation to support victims’ recovery and rehabilitation. If you were the victim of a dog bite in Florida, we can help you navigate the legal process to seek fair compensation for the myriad losses you have incurred.
Florida law provides several different remedies for dog bite victims that can be simultaneously pursued, such as strict liability against the dog owner, as well as negligence against the owner of the property where the dog bite occurred (if the property owner had prior notice of the animal’s viciousness and the ability to control the dog’s presence).
Our skilled dog bite attorneys at Britto & Herman Injury Lawyers can provide you invaluable support, guiding you through each step of your claim and working tirelessly on your behalf. We will assess your options to pursue a comprehensive recovery, helping to address both the physical and emotional wounds inflicted by this traumatic event. Contact us today to schedule a free consultation, during which we will review the details of your unique dog bite case and build your legal strategy.
Key Takeaways Regarding Florida Dog Bite Injury Claims We Address Below
- Common Dog Bite Scenarios Leading to Injuries
- Emotional injuries tied to dog bite attacks (including PTSD)
- Common physical dog bite injuries
- Florida’s rules regarding strict liability of dog owners for injuries
- How to prove liability for dog bites in Florida
- Types of damages you can seek following a Florida dog bite
- What to do after a dog bite in Florida
- Exceptions and circumstances that might prevent your Florida dog bite claim
- How a Florida dog bite attorney can help you pursue compensation for your injuries and losses
Types of Dog Bite Scenarios Common in Florida
Dog bite incidents in Florida can occur under various circumstances. Understanding these common scenarios can help individuals prevent such unfortunate events and know what steps to take if they happen. Here are some frequent types of dog bite scenarios:
- Territorial Dogs: Dogs often bite when they feel their territory is threatened, usually occurring in or around the dog owner’s property. Ensuring dogs are properly secured and introducing guests to pets can mitigate these situations.
- Unsupervised Children: Many dog bites occur when children are left unsupervised with a dog. It’s crucial to educate children on how to interact with dogs safely, as well as to always supervise their interactions.
- Strange Dogs: Encounters with unfamiliar dogs, especially without the owner present, can lead to bites. Always ask for permission before approaching or petting someone else’s dog.
- Aggressive Breeds: While any dog can bite, certain breeds have a reputation for being more prone to aggression. Being cautious around unfamiliar dogs, particularly those known for their strength and aggression, is wise.
- Dog Owner’s Home or Property: A significant number of bites occur on the dog owner’s premises. Visitors should be cautious and respectful of a dog’s space, and owners should ensure their pets are comfortable with visitors.
Being aware of these scenarios can help both dog owners and the public prevent dog bite incidents. However, some failures to exercise appropriate safety practices might be pertinent to a dog bite injury claim. In the event of a dog bite, it’s important to seek medical attention and consult with a knowledgeable attorney to understand your rights and potential legal actions you may be able to pursue in Florida. Our experienced dog bite attorneys at Britto & Herman can identify your next steps during your free consultation.
The Emotional Injuries Associated With Dog Bites
Dog bite incidents can profoundly impact victims’ lives, leaving both visible and invisible scars. Beyond the immediate physical injuries, which may require surgery or long-term medical treatment, individuals often endure significant emotional and psychological trauma.
Adults and children alike can experience heightened levels of anxiety, fear of dogs, and even Post-Traumatic Stress Disorder (PTSD), affecting their daily lives and sense of security. The sudden, violent nature of dog attacks can lead to long-lasting effects, including depression, nightmares, changes in appetite, and difficulty sleeping.
These emotional burdens can be as debilitating as the physical injuries — sometimes even more so — impacting relationships, work, school, and overall well-being. Given the complex repercussions of dog bites, seeking legal recourse is critical for victims of dog attacks.
Common Types of Dog Bite Injuries in Florida
Dog bite injuries can vary in severity and type, affecting victims in different ways. Understanding the common types of dog bite injuries is essential for recognizing the potential risks and seeking appropriate medical and legal assistance if bitten. Here are some common types of dog bite injuries:
- Abrasions: Superficial damages to the skin that do not penetrate deeply but may require cleaning to prevent infection.
- Lacerations: Deep cuts or tears in the skin, often requiring medical attention — such as stitches — due to the risk of infection and significant bleeding.
- Punctures: Deep wounds caused by the teeth penetrating the skin, which may appear minor but carry a high risk of infection due to bacteria from the dog’s mouth entering the wound.
- Infections: Dog bites can introduce bacteria, leading to infections such as Rabies, Capnocytophaga, Pasteurella, MRSA, and Tetanus. Immediate medical treatment is crucial to prevent complications.
- Rabies: A viral infection transmitted through the saliva of infected animals. It’s fatal once symptoms appear, making vaccination and immediate treatment vital after a suspected rabid dog bite.
- Tetanus: A bacterial infection that affects the nervous system, potentially life-threatening if not treated promptly. Tetanus shots may be recommended following a dog bite.
- Crushing Injuries: Occur when the bite pressure is sufficient to crush bones, potentially leading to broken bones or damage to underlying tissues and organs.
- Fractures/Broken Bones/Dislocation: The force of a dog bite can break or dislocate bones, especially in the hands, arms, legs, or feet.
- Loss of Eye(s) and/or Vision: Severe facial attacks can lead to eye injuries, potentially leading to permanent vision loss or the necessity of surgical eye removal.
- Scarring: Dog bites can leave permanent scars, requiring future cosmetic surgery, particularly for facial bites.
- Nerve Damage: Deep bites can sever nerves, leading to loss of sensation or motor function in the affected area.
- Fatal Dog Attacks: If your family member died due to injuries sustained in an incident involving a dog bite in Florida, we can explore your options to pursue a wrongful death claim.
These physical injuries highlight the importance of seeking immediate medical attention following a dog bite and consulting with a legal professional to understand your rights and options for compensation.
Florida Imposes Strict Liability on Dog Owners for Injuries Their Animals Cause — Dogs Do Not Have a “Free Bite” Under “The One Bite Rule”
Florida’s approach to dog bite cases does not adhere to the common “one bite rule,” a legal principle allowing a dog one bite before the owner is considered negligent or liable for the animal’s actions. Instead, Florida imposes strict liability on dog owners for injuries caused by their dogs, regardless of the dog’s past behavior or the owner’s knowledge of any aggressive tendencies. This means that in Florida, a dog’s owner can be held liable for damages if their dog bites someone, even if it is the first incident of the dog biting.
According to Florida Statutes § 767.04, the owner of a dog that bites a person who is either in a public place or lawfully in a private place (including the property of the dog’s owner) is liable for damages suffered by the person bitten. The dog owner’s liability applies regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.
However, the law also stipulates that if the victim’s negligence contributed to the biting incident, the liability of the owner may be reduced. Discuss with your attorney whether the animal in question had previously been identified as a vicious dog and how or whether that information had been properly conveyed through signs on the premises where the incident occurred.
Key Points on Demonstrating Liability in Florida Dog Bite Cases
- Strict Liability: Florida dog owners are strictly liable if their dog bites someone, irrespective of the dog’s previous behavior.
- Negligence and Comparative Fault: If a victim’s negligence contributed to the bite, the compensation might be reduced proportionally to their fault.
- Lawful Presence: Victims must have been lawfully present at the location where the bite occurred to seek compensation under this statute.
These aspects of Florida’s dog bite laws underscore the importance for dog owners to maintain control over their pets and for victims to understand their rights following a dog bite incident.
Different Ways to Prove Liability for Dog Bites in Florida
In Florida, the laws surrounding dog bite liability are designed to protect victims by simplifying the process of proving liability. Unlike in some states where the “one bite rule” applies, Florida statutes impose strict liability on dog owners for bites that occur in public places or when the victim is lawfully in a private place. This means victims do not need to prove the owner’s negligence to establish liability for their injuries. However, understanding the nuances of these laws can help victims and their families navigate their legal options more effectively.
Ways to Prove Liability for Dog Bites in Florida
- Strict Liability: Under Florida law, dog owners are strictly liable if their dog bites someone, regardless of the dog’s previous behavior or the owner’s knowledge of such behavior. This applies when the victim is in a public place or lawfully on private property, including the dog owner’s property.
- Negligence: Although not necessary under the strict liability statute, victims can also pursue a claim based on negligence. This would involve proving that the dog’s owner failed to exercise reasonable care to prevent the dog from biting, such as not properly securing the dog in a fenced yard.
- Negligence Per Se: In some cases, proving negligence per se is possible by showing that the dog owner violated a local ordinance, such as a leash law, which directly led to the bite incident.
- Landlord Liability: In certain situations, a landlord might be held liable for a tenant’s dog bite if it can be proven that the landlord knew the dog was dangerous and had the ability to remove the dog but failed to do so.
Understanding these aspects of Florida’s dog bite laws is crucial for victims seeking justice and compensation for their injuries. It offers multiple avenues for establishing liability, ensuring that victims have the necessary legal recourse to address their damages.
Potential Types of Damages in a Florida Dog Bite Case
In Florida, victims of dog bites can pursue compensation for damages due to their injuries. Understanding the types of damages available is crucial for victims seeking to recover costs associated with their injuries and the impact those injuries have on their quality of life. Damages in a Florida dog bite case can be broadly categorized into economic and noneconomic damages.
Economic Damages for Florida Dog Bites
Economic damages represent the monetary losses directly stemming from the dog bite incident. These are quantifiable costs that the victim has incurred or will incur due to their injuries. Examples of economic damages can include:
- Medical Expenses: Costs for emergency care, hospital stays, surgeries, medications, and ongoing or projected future medical treatments or rehabilitation.
- Lost Wages: Income lost due to time off work for recovery or medical appointments. This also can cover loss of earning capacity if the victim cannot return to their previous employment due to the severity of their injuries.
- Property Damage: Any personal property damaged during the incident, such as clothing or eyeglasses.
Noneconomic Damages in Florida Dog Bite Cases
Noneconomic damages compensate the victim for the non-monetary aspects of their injuries, which are not easily quantified. Examples of noneconomic damages may include:
- Pain and Suffering: Compensation for the physical pain and emotional distress experienced due to the dog bite incident. This can include ongoing discomfort, fear, anxiety, and the impact on the victim’s overall enjoyment of life.
- Emotional Distress: For the psychological impact of the attack, such as PTSD, depression, or anxiety disorders that may require therapeutic intervention.
- Loss of Consortium: Compensation awarded to the spouse of a dog bite victim for the loss of companionship and support caused by the victim’s injuries.
In some cases, punitive damages may also be pursued if the dog owner’s actions were particularly reckless or egregious. However, these are less common and aim to punish the defendant rather than compensate the victim.
Understanding the full range of potential damages is essential for dog bite victims in Florida, highlighting the importance of consulting with a qualified attorney to pursue comprehensive compensation for the various aspects of their injuries.
What To Do After a Dog Bite Injury in Florida
Following a dog bite injury in Florida, taking prompt and appropriate steps is crucial for both your health and for protecting your legal interests. Consider the following points to help you remember these important tasks:
Steps to Pursue Your Health Interests Following a Dog Bite in Florida
- Seek Medical Attention: Immediately seek medical care for the injury, even if it appears minor. This is important both to prevent infections and to properly document your injuries.
- Follow-Up Care: Adhere to any prescribed treatment plans and attend follow-up appointments to encourage proper healing and documentation of your injuries.
Steps to Protect Your Legal Interests for a Florida Dog Bite Claim
- Report the Bite: Inform local animal control or law enforcement about the incident to create an official report, which is essential for a legal case involving a dog attack. Request a copy of the report and coordinate with your attorney to review how it may serve as evidence to support your claim.
- Identify the Dog and Owner: Collect the contact information of the dog owner and any witnesses. If the dog is stray, note its appearance and direction of travel.
- Document Everything: Take photos of your injuries, the location where the bite occurred, and the dog, if possible. Keep all medical records and receipts related to your treatment.
- Avoid Negotiating Directly with the Dog Owner or Their Insurance Company: Seek legal advice before discussing compensation or signing any documents.
- Consult with a Florida Dog Bite Lawyer: An experienced dog bite attorney can guide you through the legal process, help establish liability, and help you seek fair compensation for your injuries.
Taking these steps promptly can significantly impact your ability to seek proper recovery and the legal actions you decide to pursue regarding your dog bite injury in Florida.
Potential Exceptions That Could Prevent Recovery in a Florida Dog Bite Case
The following circumstances could be barriers to recovery when pursuing a dog bite claim in Florida, so it is important to discuss with your attorney whether any of these elements are present in your case.
- Trespassing: If the victim was trespassing or not lawfully on the property at the time of the bite, the owner may not be held liable for the injuries.
- Comparative Negligence: Florida operates under a comparative negligence system. If the victim’s actions contributed to the incident, such as provoking the dog, their compensation could be reduced proportionally to their degree of fault.
- “Bad Dog” Signage: If the bite occurs on the owner’s property and the owner had prominently displayed a sign reading “Bad Dog,” the owner might not be liable if the victim is 6 years of age or older, except if the injury was due to the owner’s negligence or if the victim is under six years old. Other variations of a “dog bite” sign that might lead to an exception may include “Beware of Dog” or other verbiage that clearly conveys that there is a risk that the dog will bite. Discuss with your attorney any existing signage that may be relevant in your case.
- Children Under Six: Florida law conclusively presumes that children under six cannot be considered negligent in dog bite cases. This can affect the comparative negligence analysis. Discuss with your attorney if the bite incident involved injury to a child. Note that signs may affect your case differently if a child is unable to read the sign.
- Work-Related Incidents: If the victim was bitten while engaging in a work-related activity at the dog owner’s home, such as delivery personnel, recovery might be pursued through workers’ compensation rather than — or in addition to — a personal injury claim. Discuss the details with your attorney.
- Homeowners’ Insurance Policies: While homeowners’ insurance may cover dog owners for the injuries their animals cause, some homeowner’s insurance policies may exclude certain dog breeds from coverage or have specific clauses related to dog bites. Victims seeking recovery through the dog owner’s homeowner’s insurance company may face difficulties, depending on the policy’s terms. Your dog bite lawyer can assess issues that may be specific to an insurer and their terms.
Understanding these exceptions and situations is essential for anyone involved in a dog bite case in Florida, as they can significantly influence the legal proceedings and compensation recovery efforts.
How an Attorney Can Help Victims Pursue a Florida Dog Bite Injury Claim
In Florida, dog bite incidents can lead to serious injuries, and navigating the legal landscape to seek compensation can be complex. A Florida dog bite lawyer at Britto & Herman Injury Lawyers can provide invaluable assistance to victims of dog bites by:
- Evaluating Your Case: Our attorneys at Britto & Herman offer a no-cost, risk-free case review to understand the specifics of your incident and determine the right course of action.
- Medical Guidance: We can advise on immediate steps to take following a dog bite, including pursuing proper medical assessment and treatment to document injuries, which is crucial for building a strong case.
- Understanding Florida’s Dog Bite Laws: Our experienced injury attorneys can explain Florida’s strict liability law regarding dog bites, which holds dog owners liable for damages their pets cause, regardless of the animal’s previous behavior.
- Legal Representation and Negotiation: We provide experienced legal representation to navigate the claims process, dealing with insurance companies, and negotiating settlements to seek fair compensation.
- Pursuing Compensation: Our attorneys help victims pursue compensation for various damages — including medical bills, lost wages, pain and suffering, and more — from the dog owner or other responsible parties.
- Litigation Support: Our experienced Florida trial attorneys can prepare and litigate your case in court if necessary, especially when out-of-court settlements are not satisfactory or the dog owner’s insurance company refuses to offer fair compensation.
- Personalized Legal Strategy: Our injury lawyers prepare a tailored legal strategy that considers the specifics of your case, including the severity of your injuries and the circumstances surrounding the dog bite incident.
- Guidance Relative to Statute of Limitations: We carefully inform our clients regarding the time limits for filing a dog bite claim in Florida in order to take legal actions within the allowable time frame and to avoid forfeiting the right to seek compensation.
While dog owners are generally held strictly liable for injuries caused when their dogs bite, there are exceptions and specific situations that could prevent or reduce recovery in a dog bite case. Understanding these exceptions is crucial for dog bite victims when navigating the legal landscape of such incidents. Our experienced attorneys are prepared to guide you.
We begin with a free consultation to assess your injuries, your medical bills, the liability of the dog owner, and your options to pursue compensation for your losses, given the unique details of your case.
Schedule a Free Consultation Today With Britto & Herman Injury Lawyers in Jupiter, Florida Regarding Your Dog Bite Injury Claim
At Britto & Herman Injury Lawyers, our priority is seeking justice for injury victims. For over a decade, we have consistently made positive differences in the lives of our personal injury clients in Florida. Our dedicated and experienced legal team based in Jupiter is ready to identify how we can assist you in any county throughout Florida.
Schedule a free consultation with Britto & Herman today by either reaching out to us at (561) 835-5555(561) 835-5555 or completing our online form. Let us fight passionately on your behalf to pursue the compensation and justice you need.
Our dedicated team has recovered millions for Florida residents through claims for personal injuries. Unlike many other Florida personal injury law firms, we are also well-prepared to represent you in a personal injury lawsuit in court if it is necessary in your case. We are available 24/7 to fight for you. Let us advocate for your rights.
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