Florida is one of the states with the highest dog ownership rates, with about 40 percent of households having pet dogs. But while dogs are a mainstay in the lives of Floridians, you cannot dispel the fact that man’s best friend can be unpredictable.
Dog bites are not uncommon in Florida. In fact, dog bites send around 600 people to the hospital each year. These bites can cause severe injuries, scarring, emotional trauma and a lot of other damages.
If someone else’s dog bites you, Florida’s strict liability law can make it easy to recover compensation. Here’s why.
What does strict liability mean for dog bites?
In some states, dog owners have a “free pass” on their pet’s first bite, assuming they have no prior knowledge of their dog’s aggressive tendencies. After the first incident, the law considers the owner aware of the risk and they can be liable for further bites.
This is not the case in Florida, which imposes strict liability for dog bites. Dog owners are responsible for injuries their pets cause, regardless of the dog’s prior behavior or the owner’s knowledge of aggressive behavior.
However, this rule may only apply if the dog bites you in a public place or while you are in a private space with permission. In other words, the owner will likely not be liable if a dog bites you while you are trespassing.
The owner may also not be responsible if they post visible a “Beware of Dog” (or something similar) sign on their property, except if the victim is under six.
How does the comparative negligence law come into play?
The comparative negligence law may apply if your careless or negligent actions contributed to the dog bite. Under this law, the court assigns a percentage of fault to each party, and your percentage may determine the amount of compensation you receive.
For example, the court may consider approaching a clearly aggressive and agitated dog as negligence. However, the owner also failed to control their dog or post warnings about its aggressiveness.
In this case, the court may deem you, say, 25 percent at fault and the owner 75 percent. If the damages are $100,000, the comparative negligence rule may lower your compensation to $75,000.
How can a lawyer help?
Dog bites can have a massive impact on your health, happiness and quality of life. Consider speaking to a personal injury lawyer who can help you understand your legal options, take appropriate action and seek the compensation you deserve.