Are There Any Defenses to Dog Bites in Sarasota?
There are few defenses to dog bite cases. If the bite occurs on private property, trespassing may be a viable defense. When a person is lawfully on the property, the dog owner is generally responsible. But if the victim trespasses on the property, the dog owner doesn’t owe the trespasser for their losses.
A dog owner can also avoid some liability by putting up a sign that says “bad dog.” They must put the sign in a place that’s easy to see. If they have a “bad dog” sign that’s easily visible on their property, they’re not liable to anyone over the age of six unless they act in a negligent way that leads to the dog bite. Even if they put up a sign, they still must use reasonable care to keep their dog from hurting others. If they act negligently, recklessly or intentionally, they may still be liable for injuries from a dog bite.
Another defense in dog bite cases is provocation. The dog owner might claim that the victim did something to cause the dog to bite. Even if provocation applies, Florida’s comparative negligence rules in dog bite cases says that the victim may still be able to recover something for their damages. It’s up to the jury to decide where the blame lies. It’s up to the dog owner to prove that the dog was provoked. Even then, the victim may still be able to recover a share of their losses.
It’s important not to make assumptions about your case. The legal team at Jack Bernstein, Injury Attorneys can help you look at the facts of your case. We can investigate your claim to reach a conclusion about the strength of your case.
We can speak with witnesses and seek surveillance video if the bite occurs in a public place. There may be things that you can do to strengthen your claim like documenting your medical bills and seeking expert opinions on the extent of your injuries. One of the ways we help victims is by investigating and building your claim.