The previous day the little girl made a simple request to her father. She wanted milk. There was none in the house. Her father tried to prolong the trip to the store to buy milk. Eventually, the girl’s persistence made her father agree to go to the store for milk.

As they walked to the store in their Florida City neighborhood, a dog came from nowhere. The dog attacked the little girl. Her father did everything to stop the dog attack from trying to come between the dog and his daughter to hitting it across the head.

The dog’s owner arrived and tried to stop the dog from attacking the girl. It took five to six minutes to stop the attack. The little girl was rushed to the hospital.

Police, during their investigation, discovered the dog had escaped from its fenced in yard. The owner did surrender the dog to the Miami-Dade Animal Services. The dog was later euthanized after continuing to show aggression.

The 3-year-old girl was last listed fair condition after the emergency surgery. Injuries were sustained on her back. According to her father, her spine was visible after the attack.

It’s not known if the owner will face criminal charges or a civil lawsuit.

Florida’s Dog Statute Makes Dog Owners Civilly Liable for a Victim’s Injuries

According to Florida statute, FLSA 767.04, a dog owner is liable for any injuries an individual suffers because of their dog attacking them. To be liable for damages, the dog must bite another individual and the person must be in a lawfully private place or a public place.

Florida is a strict liability state. This means the dog owner is held financially responsible any dog bite that occurs. It doesn’t matter if the dog never bit anyone prior to the incident or their owner didn’t know the dog had a propensity to bite.

Miami Dog Bite Damages

Damages, or money award to the dog bite victim, may include:

• Medical bills;
• Lost wages;
• Emotional distress; and
• Funeral expenses, if the victim dies from the dog attack.

Let Alan Goldfarb, P.A. Get the Money You Deserve from Your Miami Dog Bite Injury

You shouldn’t be financially responsible for injuries caused by a dog. Contact the Miami attorneys at the office of Alan Goldfarb P.A. immediately to determine how to get the money you deserve. We will represent you in your dog bite injury.

Resources:

miami.cbslocal.com/2017/02/25/3-year-old-girl-undergoes-surgery-after-being-mauled-by-dog-in-florida-city/

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/Sections/0767.04.html

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 Law Punishes Owners of Biting Dogs

Florida law holds a dog owner strictly liable for a dog bite victims injuries. This is the case even if the dog has never bitten anyone in the past. Under Florida’s dog bite law, animal control must confiscate and destroy any dog that causes “severe injury” in an expeditious and humane manner. The law does allow the owner to request a hearing while the dog is in custody, however, the law does not allow the dog’s owner to present a defense at this hearing. Judge Owens’ decision found that denying dog owners the ability to present defenses before the court; made the statute “arbitrary and unduly oppressive.”

Dog Bites Impact Victims

Dog bite injuries occasionally kill victims, however, common dog bite injuries include:

• lacerations,
• punctures,
• nerve damage,
• crush injuries,
• muscle sprain/strain, and
• infections.

The emotional and physical impact of an attack may have lifetime consequences for victims. Victims may need extensive physical and psychological therapy before recovering fully. Additionally, dog bite lawsuits are often complex as they often occur at a dog owner’s home and victims are the owner’s relatives or friends. The December 14th decision may have created a pathway for owners to keep their dogs after a dog attack, however, the decision does not absolve owners from responsibility for their dogs actions.

Contact an Attorney

Florida dog bite law allows victims to seek compensation from dog owners to help cover the costs of recovering from their injuries. While dog bites are rarely fatal, they have tremendous on dog owners and dog bite victims. If you are considering pursuing a dog bite claim, speak with the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. We can help you understand the implications of this new court ruling and guide you through a dog bite injury lawsuit. Please contact us today at 305-371-3111 to schedule an appointment and discuss your case.

Florida Workers’ Compensation insurance and Dog Bite Injuries

Letter carries, delivery personnel and other employees who must enter private property or enter a home as part of their job have an “implied invitation” to enter properties. An employee who is legally on the premises and working within their scope of work and bitten by a dog may submit a claim for workers’ compensation benefits. Under Florida law, worker’s compensation insurance will replace lost wages and cover medical expenses for an employee bitten by a dog at work, as long as the employer does not own the dog. Letter carriers may also want to consider pursuing a personal injury claim against the dog owner for their injury. A third-party personal injury claim may also provide an injured letter carrier with compensation for pain and suffering and other noneconomic losses not covered by workers’ compensation.

Dog Bite Injury Liability and Exceptions

Under Florida law an owner is most likely to be held liable if their dog bites a letter carrier or delivery person. However, the degree of their liability will vary depending on the circumstances. Under Florida’s dog bite laws, if a dog attacks a person in a public or private place the owner may be responsible for any damage the dog caused. This is true even if the owner did not have prior knowledge that their animal would bite. There are a few exceptions to this rule in Florida. The victim’s own negligence will be taken into account when determining damages under the following conditions:

• the dog is provoked, or
• the if the bite occurs on the owner’s property; and
• an easily readable dangerous dog sign was posted on the property.

Contact an Attorney

Letter carriers and delivery personnel can sustain devastating physical, emotional and financial losses after a dog bite. A dog bite injury can cause serious injuries that result in permanent scarring and end careers. In fact, even a mild bite may end a letter carrier’s career. A letter carrier bitten in Florida may be entitled to damages which include current and future medical costs, lost wages, emotional distress and pain and suffering. If you are a letter carrier or delivery person and you were bitten by a dog, then you should contact the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. We can help you figure out if you have a basis for a personal injury claim. Please contact us to discuss your case.

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.