Can I Sue for a Dog Bite?

Florida’s dog bite laws

Many states have what’s known as a “one bite” law. This law limits a dog owner’s liability to their awareness that their dog is violent. Consequently, the owner may not be liable if the dog has never bitten someone. However, if the dog has bitten someone before, they’ve demonstrated they can be harmful, and the owner is liable.

Florida doesn’t have the “one bite” law. This means that any dog owner can be liable for a dog attack, even if the dog has never acted in a harmful manner before. Florida Statute 767.04 assigns liability to pet owners when attacks occur in public places and on private property in some circumstances. Dog attacks on private property can fall within premises liability law. 

Exceptions 

Comparative negligence applies to dog bite cases, meaning liability is shared between all at-fault parties. Consequently, if the victim has partial responsibility for the attack, the dog owner’s liability decreases. Situations that affect the dog owner’s liability include the following:

• Appropriate warnings: Owners may not be liable if they have a “bad dog” sign posted and the victim is over six years of age
• Unlawful access: The dog’s owner isn’t liable if the victim was unlawfully on private property. Suppose someone breaks into your house to steal items, and your dog attacks them. You may not be liable because they were on private property without permission. 
• Victim’s actions: The owner may not be liable or have reduced liability if the victim is partially responsible for the incident. For example, if a person kicks a dog and the dog bites them, it would change the dog owner’s level of liability.

Filing personal injury claims for a dog bite or attack

After a dog attack, the best thing to do is contact a personal injury lawyer. The steps you need to take to sue for a personal injury apply to dog bite cases. An attorney will prepare your case, guide you through the filing process, and have everything you need to build your case.

Ideally, you’ll document the incident when it occurs. This may mean writing notes and taking photos or videos during or after the attack. It’s crucial you note the time and location and any factors that may have contributed to the incident. Ideally, you’ll also have contact information for any witnesses.

You should save your medical bills and other relevant documentation to justify expenses claimed when you file for damages. Your attorney can help you identify other grounds for damages to ensure you seek the maximum compensation available. Your attorney will file the legal paperwork before the statute of limitations expires and will handle negotiations with the at-fault party’s insurance company.

When should you sue for dog bite injuries?

Dog bite victims have 48 months to file a lawsuit. The four-year period begins on the day of the attack, and the state sets this limit; once the statute of limitations expires, you can’t take legal action against the dog’s owner.