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Common Dog Bite Claims in Florida

dog attack

2-minute read

Introduction

In Florida, dog bite laws are governed under Florida State Statue 767. 04[1], which underscores the importance and gives the elements to liability in a dog bite attack. As mentioned in previous blogs, a few different types of claims for a plaintiff that has been attacked by a dog are strict liability, negligence, battery, and assault. These claims are bolstered further by premises liability issues, such as the owner not posting signs of a dog which he or she knows has a vicious propensity to bite or attack other people and or dogs.

Dog Owner Liability

The liability for the dog owner is significantly reduced if the victim has done any of the following: trespass, provocation, or posting signs[2]

In trespass, the victim would have had to cross over onto property, unlawfully, even sometimes unknowingly, for it to be considered a full defense to the dog owner.

In provocation, the victim would have had to provoke the dog in some way, which could include sticking fingers into a cage or antagonizing the animal to the point where it retaliated to the antagonizing acts.

Finally, if the homeowner posts signs regarding the dangerous propensity of the dog, they could limit their liability to the victim by putting the victim on notice.

These three things are not a defense completely, but rather what is known in Florida as a comparative negligence defense to limit the amount of compensation that a victim would otherwise receive.

Orlando Accident Attorney

Here at the Orlando Accident Attorney, we have contributed to the Humane Society, as well as many other animal activist organizations in full support of helping animals find homes and live happily. However, there are unfortunate circumstances that sometimes occur when a dog or other household animal may attack a person. When this occurs, the victim of the attack needs somewhere to turn in order to remedy the situation and the damages caused by the animal attack. That is where the Orlando Accident Attorney comes into play. We represent plaintiffs that are dog bite victims in the State of Florida. If you or a loved one has been attacked by an animal or bitten by a dog, please give us a call at 407-706-3909.


[1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/Sections/0767.04.html

[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/Sections/0767.04.html