Florida has some of the strongest dog bite laws in the country for victims. If you or a loved one has been attacked by a dog in Florida, here is what you need to know about your rights.
Florida's Strict Liability Standard
Under Florida Statute 767.04, dog owners are strictly liable for bites that occur in a public place or lawfully in a private place โ regardless of whether the dog had ever bitten anyone before or whether the owner knew the dog was dangerous. This is known as strict liability, and it is a significant protection for victims.
In many states, victims must prove the owner knew the dog was dangerous โ the so-called "one bite rule." Florida has no such requirement.
What Damages Can You Recover?
Dog bite victims in Florida can recover medical expenses including emergency care, surgery, and ongoing treatment, lost wages, pain and suffering, emotional distress, and compensation for permanent scarring or disfigurement, which is common in dog bite cases.
Comparative Negligence and Provocation
There are two main defenses available to dog owners in Florida. If the victim was trespassing, the owner may not be liable. And if the victim provoked the dog, their compensation may be reduced in proportion to their fault. Children are generally given more protection in these situations because they may not understand that their actions provoked an animal.
Act Quickly
Report the bite to animal control immediately. Seek medical treatment โ dog bites carry serious infection risks. Document your injuries with photographs. Get the owner's information and any witness information. And contact an attorney before speaking with the owner's homeowner's insurance company.
Have questions about your case? Call Orlan Injury Law at 954-281-2540 for a free consultation. No fees unless we win.
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