Dog Bites in Florida: Strict Liability, Common Defenses, and What Helps a Claim

The steps a dog bite victim takes immediately after being attacked are the most important of the entire claims process. An otherwise strong case can be severely weakened by making poor decisions. Factors related to the medical care sought, as well as a lack of understanding regarding how to report a claim, can all negatively impact an injury victim’s claim. 

How Does Florida Law Handle Dog Bites?

Dog owners in Florida are, in most cases, held responsible for any injuries or other damage caused by a bite from their dog. This is known as strict liability. There are defenses that a dog owner may be able to employ as a means to avoid legal responsibility for the consequences of their dog biting another person. Dog bite victims must be aware of these defenses and how to plan a case accordingly. 

Dog Bite Victims Can Help Their Claim By Taking the Following Steps

Simply put, putting the right steps together in a dog bite claim determines the likelihood of a victim being able to receive the compensation they deserve. The following represent a handful of steps a dog bite victim can take to protect their claim and preserve the best opportunity to be compensated appropriately for their losses:

• Do not delay medical care. A dog bite victim should assess their injuries and seek appropriate medical care as soon as possible. Doing so is best for their health and for their injury claim.
• Law enforcement or animal control should be notified of the bite. This documents that the bite occurred and allows authorities to ensure the dog does not bite another person in the future.
• Photograph everything possible. Unless the injuries suffered in the dog bite incident are too severe to do so, a victim should photograph the dog, the location where the bite took place, and the injury itself. 
• Consider reaching out to an experienced South Florida dog bite attorney. Before contacting an insurance company, it is critical to be familiar with the elements, defenses, and best courses of action when filing a dog bite claim. 

What Defenses May a Dog Bite Owner Offer In a Claim?

The general rule in Florida is that dog owners are strictly liable for the effects of their dog’s bite on a person. However, that’s not to say that there are no potential defenses that an owner may offer in response to a claim filed against them in relation to their dog biting another person:

• When a dog is provoked into attacking a person, that may absolve the dog owner of some or all liability for what occurred during the bite.
• Entering onto the dog owner’s property without invitation means the owner may not be held liable for their dog’s bite if the bite occurred while the dog was attempting to defend its property.
• A dog bite victim must be determined to be no more than 50% at fault for having caused the bite to occur. Any greater percentage than this results in a claim being barred by law. 

Contact a South Florida Dog Bite Attorney Today

For a free case review, please contact Difilippo & Pica, PLLC today. Our team of legal professionals takes our responsibility to serve our clients seriously. When results matter, reach out to a South Florida Dog Bite Attorney.