Dog Bite Injuries and Florida’s “Strict Liability” Law Explained

Dog bite injuries are not only painful but can have long-lasting consequences. Florida residents may face a unique legal situation when it comes to dog bite cases. Unlike many other states, Florida operates under “strict liability” laws when it comes to dog bites. This means that the dog owner is automatically responsible for any injuries caused by their dog, regardless of whether the dog has shown dangerous behavior before. Understanding how this law works can help victims pursue compensation for their injuries.

What is Florida’s Strict Liability Law for Dog Bites Dog Bite Injuries and Florida’s “Strict Liability” Law Explained

Under Florida’s strict liability law, the owner of the dog is held responsible for any injuries their dog causes, as long as the victim was lawfully present at the location of the attack. This can include both public spaces and private property, as long as the victim has the right to be there. It’s important to note that strict liability applies regardless of the dog’s history or the owner’s knowledge of the dog’s potential danger. Even if the dog has never bitten anyone before, the owner is still held accountable if their dog causes harm.

This is in stark contrast to the laws in many other states, where victims may have to prove that the dog was known to be dangerous or that the owner was negligent in some way. In Florida, the burden of proof is lower for victims. They only need to prove that the bite occurred and that they were in a location they had a legal right to be. This makes it easier for victims to pursue compensation.

Who is Liable for a Dog Bite Injury in Florida

In Florida, the person responsible for a dog bite is typically the dog owner. However, liability can also extend to a person who is in charge of the dog at the time of the attack, such as a caretaker or a person who is temporarily responsible for the animal. If the dog bite happens while the victim is on the owner’s property, liability may also apply even if the dog was not previously known to be aggressive.

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In certain situations, a property owner may be held responsible if the dog is allowed to roam free and bite someone. For example, if a dog is kept in an area with an inadequate fence that allows the animal to escape and cause harm, the property owner may be considered negligent for not securing the dog properly.

The Importance of Seeking Medical Attention After a Dog Bite

Dog bites can result in serious injuries. Even seemingly minor bites can lead to infections, scarring, and even permanent damage. In some cases, the bite can transmit diseases like rabies or tetanus, which makes it essential for anyone who is bitten to seek medical treatment immediately.

If you are bitten by a dog, you should clean the wound thoroughly with soap and water and apply an antiseptic. Even if the wound seems small, a healthcare professional should assess it to prevent infection or complications. If the dog has not been vaccinated against rabies, a series of post-exposure rabies vaccinations may be necessary. It’s important not to delay seeking medical attention because, in some cases, a delay can worsen the outcome of the injury.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

What to Do After a Dog Bite Incident

After a dog bite injury, your next steps are crucial in helping you recover compensation for your damages. First, make sure to report the bite to the local animal control agency. This helps ensure that the dog is properly quarantined and that it’s clear whether the animal has a history of dangerous behavior.

If you are able to, try to obtain the contact information for the dog’s owner. You should also take photographs of your injuries and the location where the attack occurred. This can serve as valuable evidence if you decide to file a personal injury claim. If there were any witnesses to the attack, ask them to provide a statement about what they saw.

It’s also important to document all of your medical treatment related to the injury. This includes doctor visits, hospital stays, medications, and any physical therapy required for recovery. Having detailed records will be helpful when calculating the damages you are entitled to claim.

Compensation for Dog Bite Injuries in Florida

Florida’s strict liability laws make it easier for dog bite victims to pursue compensation for their injuries. Compensation can cover a range of damages, including medical expenses, lost wages, pain and suffering, emotional distress, and scarring or disfigurement. If the dog owner acted with gross negligence, you may even be entitled to punitive damages.

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To determine how much compensation you might receive, your lawyer will consider factors like the severity of your injuries, the costs of your medical treatment, and any long-term effects that the bite may have. For example, if the bite results in permanent scarring, the value of your claim may be higher. In some cases, the compensation can include both past and future medical expenses, depending on the extent of the injury.

Additionally, if the injury prevents you from working or earning your regular income, you may be entitled to compensation for lost wages or loss of earning potential. Emotional trauma resulting from the attack, such as fear of dogs or PTSD, can also factor into your compensation claim.

The Role of a Personal Injury Lawyer in Dog Bite Cases

If you or a loved one has been bitten by a dog, it is essential to work with an experienced personal injury lawyer. A lawyer who specializes in dog bite injuries can help you navigate Florida’s strict liability laws and ensure that you pursue the right legal action. They can help you gather the necessary evidence, communicate with the dog’s owner or their insurance company, and represent you in court if needed.

An attorney can also help you determine the full value of your claim, including non-economic damages such as pain and suffering. With the guidance of an attorney, you can maximize your chances of receiving a fair settlement and avoid the pitfalls of dealing with insurance companies on your own.

Florida’s strict liability law provides significant protection for dog bite victims. Under this law, dog owners are automatically responsible for any harm caused by their dogs, which makes it easier for victims to seek compensation. However, it’s important to act quickly and seek medical treatment right away after a dog bite. By following the proper steps and working with a skilled personal injury lawyer, you can recover compensation for your injuries and begin to move forward after a traumatic experience.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

If you’ve been injured in a dog bite incident in Florida, reach out to Serrano Law for a free consultation. We can help you understand your rights and guide you through the legal process to ensure that you receive the compensation you deserve.

To learn more about this subject click here: FLORIDA FOLLOWS STRICT LIABILITY FOR DOG BITE INJURIES