If you have injuries because someone else’s dog bit you, it’s time to understand how Florida’s dog bite laws can affect you. These claims are not quite the same as traditional injury cases, as there are specific laws in place revolving around dog bite incidents. Here, we want to review the state’s dog bite laws. Recovering compensation may depend on a St. Petersburg dog bite attorney getting involved quickly and gathering the evidence needed to determine what happened.
Florida’s Strict Liability for Dog Bites
Under Florida’s strict liability law for dog bites, dog owners are held liable if their dog bites and injures someone, regardless of whether the dog had previously shown aggressive behavior or bitten anyone before. This law is found in Florida Statute 767.04, which states that dog owners are responsible for their pet’s injuries to another person, provided the person was lawfully on the property or in a public place at the time of the attack.
Unlike some states that follow a “one-bite rule,” where a dog owner may not be held liable for a dog’s first bite, Florida law does not give dog owners that protection.
Defenses to Dog Bite Claims in Florida
While Florida’s strict liability law holds dog owners responsible in most situations, there are a few defenses that could reduce or eliminate liability in a dog bite case.
Comparative Negligence
Florida follows a comparative negligence system, which means that if the victim is found partially responsible for the dog bite incident, their compensation could be reduced. For example, if the victim provoked the dog or acting recklessly around it, the dog’s owner could try to argue that the victim’s actions contributed to the bite. If the court determines that the victim is partially at fault, their compensation will be reduced.
Warning Signs
Dog owners can avoid liability if they can prove that they had a clearly visible “Beware of Dog” sign displayed on their property at the time of the attack, and the victim ignored the warning. Florida law provides a limited defense for dog owners who post these warning signs on their property.
However, there is an important exception to this rule: the “Beware of Dog” defense does not apply to children under six years old. In cases where a young child is bitten, the dog owner may still be liable even if they had posted a warning sign.
Statute of Limitations for Dog Bite Claims in Florida
If you are considering filing a dog bite claim in Florida, it is crucial to understand the statute of limitations. In Florida, the statute of limitations for personal injury claims, including dog bite cases, is typically two years from the date of the incident (down from four years). This means you have just two years to file a lawsuit in civil court. If you don’t you could lose the right to file a claim at all.
The Role of Homeowner’s Insurance in Dog Bite Claims
Many dog bite claims in Florida are covered by the homeowner’s insurance policy of the dog owner. If the dog bite incident happened on the owner’s property or if the dog is covered under their homeowner’s insurance, the insurance company may be responsible for paying compensation to the victim.
However, some insurance policies may have exclusions for dog breeds deemed “dangerous” or for dog bite incidents altogether. If the owner’s policy excludes dog bites, the victim may need to pursue monetary compensation by filing a lawsuit directly against the dog owner, which can complicate the recovery process.
