Dog Bite Injury Resources: Professional Services That Can Help

A SafeWise study ranked Florida as one of the top 10 most pet-friendly states. Even so, dogs can be unpredictable and unfriendly toward people who are not their owners, as demonstrated by the CDC's estimate that nearly 800,000 people seek medical attention for serious dog bites every year. Children account for at least half of all dog bite incidents. According to the Insurance Information Institute, Florida had 1,268 dog bite claims in 2019, the second-highest in the U.S. after California.

A dog bite can lead to pain and expensive medical expenses, and in some cases even death. Injured dog bite victims may have to pay for hospitalization, ambulatory care, surgery (including plastic surgery or amputation), stitches, medications, prosthetics, physical therapy, and rehabilitation. They may also need imaging tests like X-rays and doctor visits. A personal injury lawsuit can request compensation for these costs. In cases where a dog bite caused permanent disability, disfigurement, or loss of abilities, non-economic damages for pain and suffering may also be sought, as it impacts the person's self-esteem and ability to enjoy activities.

Dogs themselves are not dangerous, but the owners of the dogs are responsible for their actions in Florida. If a dog bites a person in a public or private space, a dog owner is liable for any injuries caused by the bite. Laws related to dog bite liability and lawsuits may be of interest to you if you are a Florida dog owner or have been bitten or injured by someone else's dog. If you've been injured in a dog bite incident in Florida, contact us at 1-888-DOCS4PI. Our network of doctors can also refer you to the best personal injury lawyers in their region.

In this article, we'll inform you about the ins and outs of dog bite claims and what to do if you find yourself in a dog bite accident. Continue reading to learn:

• What to do if you've been bitten by a dog.
• Florida's statute of limitations and deadline for dog bite lawsuits
• The Dangerous Dog Statute
• Possible Florida Dog Bite Claim Defenses

What To Do If You've Been Bitten By A Dog

In Florida, you can take steps to increase your chances of being able to recover the full amount of  damages if you have been injured by a dog bite:

• Document the Incident: Before you leave the scene of your dog bite injuries and take pictures of your wounds, the scene, the dog, and if possible, record a video of your injuries as well as the scene. When you're in a safe place, ideally the same day, write down anything you remember about what happened. The more documentation you provide, the greater the chance of your claim being successful.
• Exchange Information: As you would at the scene of a car accident, obtain the dog owner's name, address, telephone number, insurance company, and any other information relevant. It is a good idea to also get the names and phone numbers of any people nearby who may have seen what happened and provide an eyewitness account if needed.
• Seek Medical Care Immediately: In the event of an emergency, get medical attention as soon as possible. It may be necessary in some cases to call an ambulance, but even if you can schedule an appointment with your primary care physician or another transportation method, waiting several days, weeks, or months to see a doctor is not recommended. Get a medical exam and receive treatment as soon as possible. Dog bite wounds are prone to infection, especially if the dog hasn't been vaccinated. It is important that you have your injuries documented by a doctor as soon as possible so that compensation can be awarded. Waiting might let the defendant or defendant's insurer argue that a dog bite didn't directly cause your injury or that you let it get worse, which would not put them at fault.
• Call Animal Control: By reporting the bite to your local animal control agency, you might help your case in addition to preventing future dog bites in that area.

• Contact a Personal Injury Attorney: Although not all bites warrant a lawsuit, you should not be held responsible for the consequences of an accident you did not cause. As long as the owner's homeowner's insurance pays in the majority of dog bite cases, you won't have to worry about recovering damages or feeling guilty for suing. In this case, you will likely have to deal with an insurance company, which will do everything in its power to devalue or deny your claim since it protects its bottom line. The process is even more complicated if the dog owner is uninsured.

Florida's Statute Of Limitations And Deadline For Dog Bite Lawsuits

In civil court, a statute of limitations restricts the time within which you can file a lawsuit. There are varying deadlines for different types of cases. In Florida, dog bite injury claims are considered personal injury lawsuits, and you have four years to commence this kind of action (as long as the personal injury complaint is filed in court). The time begins the day your injury occurs. If you try to file your lawsuit after the four-year filing deadline has passed, the court will probably dismiss it, unless there is a very good reason for an extension.

If you try to file your lawsuit after the four-year filing deadline has passed, the court will probably dismiss it, unless there is a very good reason for an extension. According to Florida Statutes Section 767.04, a dog owner is responsible for injuries caused by their dog if:

• His or her dog bites another person, and
• Whether the person is in a public place or lawfully on private property (including the property of the owner of the dog).
• Only dog bite injuries are covered by this law. An individual who is injured by a dog in another way may still be able to prove that the owner is liable if he or she can prove the owner's negligence (or failure to use reasonable care) was the cause of the injury. Someone who is knocked down by a dog and injured may be able to recover damages from the owner of a dog that was not properly restrained.

When it comes to dog bites, Florida is a "strict liability" state. This means that Florida dog owners could be held liable if their dogs bite someone, even if they weren't aware the dogs might bite. According to the legislation, owners of dogs are liable for damages suffered by persons that are bitten regardless of the dog's history of viciousness or whether they were aware of the dog's aggressive nature. To protect the public from dangerous dogs within Florida's dog bite laws, a "dangerous dog statute" is in place.

Dangerous Dog Statute

Under Florida law, aggressive dogs may be declared dangerous if they pose a serious threat. Animal owners must follow strict guidelines and take certain precautions in these cases. A dangerous dog owner can be held criminally responsible for any injuries the dog causes.

In addition to being registered with local authorities, the dog must be stored in a secure location with warning signs indicating that the dog is aggressive. It is required that the dog is muzzled and restrained with a harness or leash if it is taken off the premises.

The following are considered dangerous dogs by Florida law:

• When a dog attacks, bites or causes severe injury to a person. Dangerous behavior also includes any attempt to attack or endanger someone.
• Dogs that have killed or seriously injured another animal more than once are considered dangerous.
• Dogs that have aggressively approached or chased an individual without being provoked.

Possible Florida Dog Bite Claim Defenses

The Florida dog owner may be able to defend themselves against dog bite claims in the following three ways:

• Trespassing
• Comparative negligence, and
• Displaying a "Bad Dog" or "Beware of Dog" sign.

To recover damages after being bitten by a dog in Florida, the injured person must be "lawfully" present at the scene. Those who trespass on private property without permission are not lawfully on the property. An owner of a dog could argue that the injured person was trespassing and therefore not eligible for compensation.

A Florida dog bite law states that if the injured person's own negligence was partly the cause of the dog bite, the number of damages a liable owner must pay will be reduced by the amount of blame allocated to the victim. Finally, under section 767.04, if the dog bite victim is under the age of six years old, or if the owner was negligent in the way the dog bit them, the owner is not liable for bite injuries. As the owner of the animal or as someone who suffered a bite injury, it may be beneficial to speak with a personal injury lawyer about your situation.

Contact Us #1-888-DOCS4PI

To get evaluated and begin the healing process after being injured in a dog bite accident, call 1-888-DOCS4PI. In the event you need legal assistance, our doctors can refer you to the most knowledgeable attorneys in their region.