According to Florida statute of limitations section 767.04 “The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”
In Florida, you are strictly liable for any injury or damage caused by a dog. To file a lawsuit for a dog bite, the Florida statute of limitations section 95.11(3)(a) allows four years after the date of the injury. This injury must be a dog bite to be covered by the statute. However, if it’s another type of injury caused by a dog proving that it was caused by the owner’s negligence might be liable.
In addition, Florida law applies the law of comparative negligence, which implies that the injured victim’s compensation claim is lowered by the proportion of culpability he or she holds in the assault. Dog bite injuries are included in this comparative negligence.
Florida law also has a statute of limitations concerning dangerous dogs. The law considers dangerous dogs to be:
- A dog who has already caused an injury to another person.
- A dog has injured another animal multiple times.
- A dog who has aggressively approached another person without being bothered.
Exceptions to liability in Florida are:
- If the person who was injured was trespassing private property.
- If the person who was injured was provoking the dog.
- If the owner of the dog has a “bad dog” sign displayed (statute of limitations section 767.04). However, this does not apply if the victim of a dog bite is under six years of age.
- The dog is a service dog.
- The dog is owned and in service of a law enforcement agency.
With all of these being mentioned, a victim of a dog bite may recover compensation for their damages under these claims:
- Negligence: The owner may be considered negligent if they fail to give a level of care that a reasonable person would have provided under the same circumstances.
- Negligence per se: The owner may be held accountable if they breached the law or rules established to safeguard and assure the public’s safety.
- Intentional tort: A claim may be filed in certain situations, such as, if the owner intended for the dog to attack the victim.
- One bite rule: Anyone who has knowledge of a dog’s attack history or attempted bites is liable for damages under this rule.
Dog bite cases can be difficult, you should contact a respected attorney as soon as possible to discuss your case. If you or someone you care about has been injured by an animal, contact the Law Office of Ruth E. Johnson immediately.
Remember when injured you get to choose your legal counsel, so have an experienced, aggressive, knowledgeable l team that aims to get you the most compensation for your losses. Choose the Law Office of Ruth E. Johnson.
If you want to know more information about animal and dog bites, please visit our page for further information here.