Florida follows strict liability laws for dog bites or attacks. Strict liability makes a dog owner liable if their pet bites and injures someone.
There’s no requirement for a biting history. The law makes owners responsible if an incident occurs in public or on private property. They can face fines and criminal charges if their dog causes severe injuries.
Florida Laws Regarding Dog Bites and Personal Injury Claims
According to Florida Statute 767.04, dog owners are liable for damages after their dog bites someone.
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What Is Strict Liability in Dog Bite Cases in Florida?
Strict liability makes dog owners liable for injuries their pet causes even for a first-time incident. It’s important to understand how strict liability applies to dog owners.
How Strict Liability Applies to Dog Owners in Florida
Strict liability applies to dog owners even when negligence isn’t a factor. The victim doesn’t have to prove negligence.
Differences Between Strict Liability and Negligence in Dog Bite Cases
In dog bite cases, strict liability means the owner is liable for damages regardless of negligence. In negligence cases, the plaintiff must prove the defendant’s actions caused their injuries.
Private Property and Dog Bites in Florida
There’s a relationship between private property and dog bites in Florida. They include how private property affects liability for dog bites, rights of individuals bitten by a dog on private property and responsibilities of dog owners on private property.
How Private Property Affects Liability for Dog Bites in Florida
According to Florida Statute 767.04, when a dog bites someone on private property in Florida, the owner is liable if the victim is lawfully on that property.
Rights of Individuals Bitten By a Dog on Private Property
Anyone bitten by a dog while on private property is entitled to seek compensation for damages from the pet’s owner.
Responsibilities of Dog Owners on Private Property
Dog owners are responsible for injuries caused by their pets on private property, even in their homes.
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Bite Laws in Florida
To understand Florida’s bite laws, you must know the statute of limitations, requirements for reporting a dog bite incident to authorities and expected compensation for injuries.
Statute of Limitations for Filing a Claim After a Dog Bite Incident in Florida
According to Florida Statute 95.11, the statute of limitations for a dog bite claim is two years.
Requirements for Reporting a Dog Bite Incident to Authorities
Dog bite incidents must be reported to your local police, county health department or Animal Control.
Compensation for Dog Bite Injuries in Florida
Compensation for Florida dog bite injury cases includes medical expenses, lost wages, pain and suffering, disfigurement or disability and wrongful death.
Medical Expenses
Dog bites often result in significant medical expenses for treatment.
Lost Wages
Dog bite injuries can cause you to miss work, allowing you to seek lost wages. A letter from your employer is sufficient proof.
Pain and Suffering
Dog bites can cause pain and suffering, warranting compensation.
Disfigurement or Disability
Dog bites can leave victims disfigured or disabled, requiring a lifetime of care.
Wrongful Death
If a dog bite causes a loved one’s death, the family can recover compensation for the resulting losses.
Dog Bite Levels
Dog bites include level 1, level 2, level 3, level 4 and level 5.
Level 1 (Minimal)
Level 1 dog bites are superficial and leave redness or scratches.
Level 2 (Moderate)
Level 2 dog bites are moderate and include puncture marks from one to four bites.
Level 3 (Severe)
Level 3 dog bites are severe and affect the skin and underlying tissue.
Level 4 (Disfiguring)
Level 4 dog bites can cause disfigurement as the skin, muscle, nerves and even bone tearing may occur.
Level 5 (Fatal)
Level 5 dog bites cause fatalities.
Common Severe Injuries Resulting from Dog Bites in Florida
Severe dog bite injuries include lacerations and puncture wounds, fractures, nerve damage, tendon and muscle damage, vascular injuries, facial injuries, infections and psychological trauma.
Lacerations and Puncture Wounds
Lacerations and puncture wounds often require surgery and leave scars.
Fractures
Dog bites can cause bone fractures.
Nerve Damage
Deep dog bites can cause nerve damage that could be permanent.
Tendon and Muscle Damage
Severe dog bites often cause permanent tendon and muscle damage.
Vascular Injuries
Vascular injuries involve damage or trauma to blood vessels. They often occur with bad dog bites.
Facial Injuries
Some dog bite victims suffer facial injuries that can leave permanent scars. These injuries often require surgery.
Infections
Because of bacteria in a dog’s mouth, their bites can cause infections.
Psychological Trauma
Victims can suffer psychological trauma after dog bites. This can be long-lasting, and they may need therapy to cope.
Defenses for Dog Owners in Florida Dog Bite Cases
Common defenses in Florida dog bite cases include contributory negligence, provocation of the dog and trespassing on private property.
Contributory Negligence
Contributory negligence refers to a person partially causing their injuries. In a dog bite claim, the victim’s percentage of fault is reduced by the compensation they seek.
Provocation of the Dog
If a victim provokes a dog and gets bitten, the owner has a valid defense.
Trespassing on Private Property
Dog owners aren’t liable for bites to trespassers on their private property.
Frequently Asked Questions
What Happens if a Dog Bites Someone in Florida?
The owner is liable unless the victim trespassed.
Is Euthanasia Required After a Dog Bite in Florida?
Euthanasia is only required if the dog is considered dangerous.
How Much Is a Dog Bite Settlement in Florida?
Florida dog bite settlements range from $10,000 to $100,000.
What is the Law on Aggressive Dogs in Florida?
If a dog is dangerous or bites unprovoked, the owner can face criminal charges.
Is Florida a One-Bite State?
No.
What Are the Dog Laws in Florida?
Dog owners are liable if their dog bites someone.
Do Doctors Report Dog Bites in Florida?
Doctors must report dog bites.
Can I Sue if a Dog Bites My Dog Florida?
Yes.
How Long Do You Have to File a Claim of a Dog Bite in Florida?
Two years.
Can I Get Sued if My Dog Bites Another Dog in Florida?
Yes.
What Happens if My Dog Accidentally Bites Someone?
You’re liable for injuries.
How Much Money Can You Get from a Dog Biting You?
Settlements range from $10,000 to $100,000.
Are Pitbulls Banned in Florida?
No.
What Is the New Dog Bill in Florida?
The new bill states that dangerous dogs must be confined or can be impounded and destroyed.
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