Florida Dog Bite and Dog Attack FAQ

Getting medical attention is your very first and most important step! Dogs carry diseases in their saliva which can be fatal to humans. In addition the damage to bone and muscle tissue can be quite severe. Make sure you follow the doctor’s instructions to the letter. Attend all follow-up appointments. Take photographs, and keep good records.

However, you should also call an attorney as quickly as possible. We can help you recover the money you’ll need to pay for expenses related to your recovery from this bite. You should not have to pay for these damages out of your own pocket.

Avoid speaking to anyone other than your lawyer or your medical professional about the bite. Insurance adjusters may try to speak to you, but they are only attempting to build a case against you.

One of the biggest misconceptions about dog bite law is the idea that the victim’s location at the time of the bite matters one whit. Some people believe, for example, that they won’t have a case if the bite happened while they were visiting the owner’s home, or while they were at the dog park.

Owners have a responsibility to control their dogs—period. It doesn’t matter where the incident took place. The only exception to this rule is when you are trespassing on another person’s property. People often keep dogs as a security measure, so if you are not on the private property “lawfully” then you may be unable to collect damages.

However, as with all areas of the law, “trespass” isn’t cut and dry. Are you trespassing if you’re a door-to-door salesperson knocking on the door of a home which has no posted “no trespassing” or “no soliciting” sign? What if you were a neighbor, there to drop off a gift?

The defendant’s attorney may try to argue you were there without permission, but were you there unlawfully? This is a great example of why all dog bite victims need an attorney, and quickly.

The dog owner. However, Florida does have a comparative negligence law. If you were provoking, teasing, or harming the dog at the time the courts may rule you shared a percentage of the responsibility. Your award will be reduced by that same percentage.

If you were committing a crime at the time of the attack this may also have a negative impact on your case. Florida law does make provisions for dogs who bite in the defense of their owners.

The money itself usually comes from the homeowner’s insurance company, not directly from the dog owner. Thus, you do not have to feel guilty or uneasy about pursuing your case.

If the owner intended for the dog to attack or bite you then you may also pursue an intentional tort claim.

There may be other responsible parties as well. For example, in some cases a landlord can be held responsible for the tenant’s dog, if the landlord was aware that the dog was vicious. The landlord may also be held responsible if the lease prohibited dogs but the landlord failed to enforce this provision of the lease.

Not necessarily.

If you’ve had a severe dog bite injury you can request the dog be classified as a “dangerous dog,” even if the dog has never bitten anyone before. Once the dog has received this classification the dog will be euthanized if he or she ever bites someone again, and the owner can be charged with a crime, up to and including homicide if the dangerous dog’s bite was fatal. This does not cover instances where a dog attacks someone in the defense of his owner.

In addition, the owner of the dangerous dog will have to take some serious precautions if he or she wants to continue keeping the dog, such as keeping the dog in a secured area with warning signs on every entrance. The dog must be leashed, muzzled, and kept under control by an adult over the age of 18 if he or she is removed from the secure structure.

So it depends on whether or not the dog was already classified as dangerous. It also depends on whether or not you as the victim decide to pursue this classification. You should talk to your attorney about whether the request is appropriate in your case.

Dog bites are especially painful, damaging, and traumatic for children. A child’s face is more likely to be near the dog’s mouth than an adult’s is, which means the child could end up with painful, disfiguring scars which cause serious social problems throughout his or her life. In addition, many child dog bite victims suffer from PTSD, which means you will have to find them counseling and medical care. It will be important to include all of these expenses in your personal injury case.

If the dog bite is fatal we would bring a wrongful death suit against the owner. As the parent, child, or spouse of the victim you are entitled to compensation, which may include medical bills, loss of companionship, the loss of your family member’s salary and support, the loss of benefits, and pain and suffering.

A dog owner may reduce his liability by prominently posting one or more “Bad Dog” signs on his or her property warning potential visitors that a dog bite risk exists. This is a unique Florida law. The sign must be clearly visible and readable so as to warn a potential victim of the risk they are assuming by visiting the property. The sign must have those specific words—not “Beware of Dog.”