In Florida, dog owners must be aware that their pet’s first bite of a person carries with it significant liability. If a dog bites a person who is lawfully on the owner’s property or in a public place, the owner is responsible for the victim’s damages.

What a Bite Victim Must Prove to Establish Liability

There are three elements a dog bite victim must establish for the dog’s owner to be held liable (at fault) for having caused any damages incurred:

• The defendant owned the dog in question
• The dog bit the person who filed a lawsuit
• The dog bite victim was lawfully present on the property of the owner

That is all a dog bite victim must establish to determine the dog’s owner as the at fault party. Any time or effort put into training the dog, supervising the dog, or any other circumstances cannot be considered. 

How May Liability Be Decreased for a Dog Owner?

Bear in mind that there are circumstances where a dog owner’s liability for a bite by their animal may be lessened. An example of this is when the victim of the bite actively provoked the dog, was trespassing on the owner’s property, or was doing something inherently dangerous in the dog’s immediate vicinity. A bite victim may actually lose the right to collect damages from the dog’s owner if found to be more than 50% at-fault for the bite having occurred. 

How Soon Must a Dog Bite Claim Be Filed?

There are two deadlines to file a lawsuit related to a dog bite in Florida. When the claim is against the dog’s owner based on strict liability principles, the lawsuit must be filed within four years of the bite having occurred. On the other hand, if the claim is filed against a person other than the owner, a dog bite victim has 2 years to file a lawsuit. 

What Role Does Insurance Play in a Dog Bite Case?

In many situations, a dog owner’s homeowners insurance will cover the dog bite. The policy limits available under the homeowner’s insurance policy will be the most the policy will pay. Typically, between $100,000 and $300,000 in coverage is afforded under Florida homeowners insurance policies. 

Two circumstances must be looked at closely, however. First, insurance policies sometimes include exclusions for dog breeds considered more dangerous than others. Also, if the dog bite caused damages in excess of the policy limits, the victim may need to look to other insurance policies held by the dog owner to satisfy their losses.

Contact Difilippo & Pica, PLLC for a Free Case Review

Dog bite victims must act quickly to retain all available legal options to recover maximum compensation for their injuries as well as pain and suffering. Contact Difilippo & Pica, PLLC today for a free case review.