Dog Bite
You're playing at the neighborhood park with your children when suddenly an unleashed dog attacks your two-year old daughter. After several seconds of struggling, which seem like an eternity, you manage to release the animal’s firm grip from her cheek. The dog owner apologizes profusely stating “I don’t know what happened….he’s never done this before.” After hours of plastic surgery and neurological consultations, the doctors tell you she will have permanent scarring and loss of facial sensation, which will interfere with her speech and require extensive therapy. What can you do?
Pursuant to Florida Statute 767.01, a dog owner is liable for any damage done by their dog. This is a strict liability statute, which means the dog owner is liable just by virtue of owning the animal. In general, the law does not examine any other factors, such as whether the dog has attacked before.
There are exceptions to this. Pursuant to Fla. Stat. 767.04, the victim’s conduct may also be at issue. For example, a victim who taunts or provokes the animal before the attack may be also be liable. This behavior may rise to the level of “comparative negligence.” A finding of comparative negligence on the part of the victim can reduce or even abolish the victim’s recovery.
Dog bites can result in serious injuries such as infection, nerve damage and permanent scarring. Unfortunately, young children are the most common victims of such vicious attacks. Extensive medical care, such as reconstructive surgery and rehabilitative therapy may be required. Heightened medical expenses are imminent.
If you or a loved one has been injured in a dog bite incident, there are a few things you should do. First, be sure to take the dog owner’s information, including name and address. Secondly, seek immediate medical care to prevent further injury or infection. The incident should also be reported to animal control. Furthermore, it is critical to seek legal counsel to discuss a potential dog bite claim.
Don’t delay! Call us immediately at (877) 299-5539. Your consultation is free and you owe no fees or costs unless you win!