Dog bites can cause serious injuries, leading to medical expenses, emotional trauma, and legal complications. In South Florida, dog owners can be held responsible for injuries caused by their pets, but the laws governing liability, compensation, and defenses can be complex.
If you or a loved one has been bitten by a dog in Miami or Fort Lauderdale, understanding Florida’s dog bite laws is essential to protecting your rights and pursuing fair compensation.
Strict Liability for Dog Owners in Florida
Florida follows a strict liability rule for dog bites, meaning that a dog owner can be held responsible for injuries caused by their pet, even if the dog has no history of aggression or prior attacks. Unlike states that require victims to prove negligence, Florida law makes it easier for victims to recover damages.
Under Florida Statute 767.04, a dog owner is liable for a bite if the bite occurred in a public place, or the victim was lawfully on private property, or if the victim did not provoke the dog before the attack.
This means that even if the dog has never bitten anyone before, the owner is still responsible for any injuries caused by the bite.
Comparative Negligence and Dog Bite Cases
Although Florida imposes strict liability on dog owners, the state also follows a comparative negligence rule. This means that if the victim is found partially responsible for the attack, their compensation may be reduced.
For example, if the victim was teasing or provoking the dog, they may be assigned a percentage of fault, which lowers their potential settlement.
Some common defenses dog owners may use include:
- The victim was trespassing: If the person bitten was unlawfully on private property, the owner may not be held liable.
- The victim ignored warning signs: If the owner had a clear “Beware of Dog” sign, liability may be reduced if the victim was over six years old.
A skilled South Florida dog bite lawyer can help victims counter these defenses and prove the full extent of the owner’s liability.
Legal Rights and Compensation for Dog Bite Victims
Dog bite victims in Miami and Fort Lauderdale may be entitled to compensation for their injuries. Depending on the severity of the attack, victims may recover damages for:
- Medical expenses: Surgeries, emergency care, future medical treatments, and physical therapy
- Lost wages: Compensation for missed work due to injuries
- Pain and suffering: Emotional distress, scarring, and reduced quality of life
In some cases, if the dog owner acted recklessly, such as allowing a known dangerous dog to roam freely, the victim may also be eligible for punitive damages, which serve as a punishment for the owner’s negligence.
Steps to Take After a Dog Bite in South Florida
If you are bitten by a dog, taking the right steps can strengthen your legal claim and help you secure the compensation you deserve.
- Seek medical attention immediately: Dog bites can lead to infections, nerve damage, and scarring. Prompt treatment is essential.
- Report the bite: Contact local animal control or the police to document the attack.
- Gather evidence: Take photos of your injuries, the location of the attack, and the dog. If possible, obtain contact information from witnesses.
Consulting with an experienced dog bite lawyer as soon as possible can ensure your rights are protected and that you take the appropriate legal action.
How Long Do You Have to File a Dog Bite Claim in Florida?
In Florida, dog bite victims have a four-year statute of limitations to file a personal injury lawsuit. This means that if you are bitten by a dog in Miami or Fort Lauderdale, you have up to four years from the date of the attack to pursue legal action.
You may lose your right to seek compensation if the claim is not filed within this time frame. However, certain circumstances, such as cases involving minors, may extend the deadline. It’s always best to consult a dog bite lawyer as soon as possible to ensure that you meet all legal deadlines and protect your rights.
Consult a South Florida Dog Bite Lawyer from Neufeld & Kleinberg, PA
Dog bite injuries can be physically and emotionally devastating, but victims have legal options to recover compensation. If you or a loved one has been bitten by a dog in Miami or Fort Lauderdale, the Florida dog bite lawyers at Neufeld & Kleinberg, PA, are ready to fight for your rights. Contact us today at (305) 690-0617 to schedule a free consultation and let us help you pursue the justice you deserve.
Note: This article is intended for informational purposes only. Our dedicated team compiles accident news reports using a variety of trusted external sources, such as local news outlets, official police reports, social media updates, and eyewitness statements regarding incidents in Florida. While we strive for accuracy, the facts in this post have not been independently verified by our writers. If you identify any inaccuracies, please contact Neufeld & Kleinfeld, PA, immediately, and we will promptly address any corrections. Posts can also be removed upon request.
Disclaimer: This post is not intended as a business solicitation. The information provided should not be interpreted as medical or legal advice. Additionally, the photo accompanying this post does not depict the accident scene described in this post.
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