The breed that is responsible for the most dog bite-related deaths last year was the Pit Bull, which, because of its stout build and imposing physique, might not come as a surprise.  Somewhat disproving the common misconception that bigger dogs (rather than irresponsible dog owners) are the source of the majority of dog bite occurrences is the fact that the second most common breed to be involved in a deadly bite incident was the Cocker Spaniel, with only seven fewer deaths caused in the last year.

Statutory Liability in Florida

In our state, Florida statutes provide that owners are held to strict liability theory if their dog injures another person, and that the theory of contributory negligence is used during the determination of damages in a dog bite case.  What this means is that the owner of a dog who bites a person will be held financially responsible for the injuries, however, if the person who was bitten is determined to have had any fault in the bite the recovery that they can be awarded for their injuries will be reduced by an amount equal to their responsibility in the incident; and if the court determines that the person who was bitten was entirely at fault for the incident they will be unable to recover for any injuries that they received.

Children Younger Than Six Years Old

Florida statutes have several special-case exemptions that apply when the person who is bitten is under six years old.  To begin with, children under six are held by statute to be incapable of conduct that can provoke a dog, and thus can’t be held to be contributorily negligent if they are bitten.  While the argument that a child under six does not have the capability, or for that matter the will, to provoke a violent response from a dog may seem questionable, Florida law states that the actions of a child under six will not be considered in these sorts of legal proceedings.  However, the contributory negligence of a parent in improperly supervising their child may be considered in dog bite cases, even if the parent has not been brought as a party to the lawsuit, and a child’s recovery can be reduced because of this.

“Beware Of Dog” Signs

If a person over the age of six is bitten by a dog while on a dog owner’s property, and the dog owner has a prominently located sign stating “Beware of Dog” the person who was bitten will be considered to have actual notice of the risk of being bitten.  In these cases the dog owner will be held by Florida statute to be not liable for any injuries.  This clause makes it a good idea for dog owners, regardless of the disposition of their pets, to place a sign on their property as cheap insurance against potential litigation in the event, however improbable, of an incident involving their dog.

Let Us Assist You with Your Case

If you or a loved one has been bitten by a dog, we encourage you to contact a member of our legal team online or by telephone at 305-371-3111 to discuss your situation and determine the best way to proceed with your potential lawsuit. The attorneys at the office of Alan Goldfarb, P.A. are here to help you today.

Florida Bite Law is Strict Liability

Florida dog bite law follows a theory of strict liability. This means that the injured person does not have to prove that they may have caused the dog to bite. The dog owner may be liable if his or her dog bit someone. This is true even if the owner had no prior knowledge that the dog might bite. Interestingly, in Florida dog owners are responsible for injuries suffered by a dog bite victim whether the victim is a person or another animal. The rules regarding dogs bits are slightly different when a child is involved.

Important Considerations: Comparative Negligence?

Florida does consider comparative negligence when a child sustains a dog bite injury. First a court must determine whether a child provoked a dog and caused the accident. If a child is under the age of six, the Florida courts presume that child was not capable of being negligent. If a child is over six, a court will decide whether the child was capable of understanding the danger and avoiding the injury. If a court finds a child caused the dog bite the result could be decreased compensation for the child’s injury. Similarly, a court will also determine whether a parent failed to properly supervise their child. This means that the child’s parent could be the cause of the injury.

What is the dog was dangerous?

These considerations may matter less to a court if a dog was a known “dangerous dog”. Florida’s dangerous dog law requires owners to take special actions. If a dog is dangerous, the dog must be kept in a secure area that has warning signs. The owner must restrain the dog with a muzzle and a harness or leash. Injuries caused by a dangerous dog may also result in criminal charges against the owner.

Dog Bite Victims Deserve Compensation

Nearly one out of five dog bites becomes infected. Furthermore, a dog bite victim may need physical therapy or psychological care. Parents of children bitten by a dog must take time away from work to ensure their child receives the care that they need. Additionally, insurance may not cover all of the expenses related to a child’s injury. If your child is the victim of a dog bite in Miami, then you will need assistance from a personal injury attorney with experience with navigating Florida’s dog bite injury laws.

The personal injury lawyers at our office will use their experience to help you ensure your child has a full recovery and seek compensation for your losses. Please call Alan Goldfarb, P.A. at (305) 371-3111 or call toll-free at (866)936-9761 to discuss your case.