Can I Sue Someone for a Dog Bite in Florida?

Yes, you can sue someone for dog bite injuries suffered in Florida. When a dog attacks you without provocation, you could have a viable case for compensation against its owner. 

A dog attack could result in life-changing injuries. With the help of a Florida dog bite lawyer, you could recover damages based on your physical, emotional, and financial losses. 

When Can I Sue the Owner After Their Dog Bites Me?

Florida is known as a “strict liability” state for dog-biting incidents. Florida Statutes § 767.04 holds the animal’s owner to a higher standard when their pet bites someone. Thus, you can sue the owner for a dog bite injury, even if they were previously unaware of the dog’s dangerous nature. 

There are some limitations on when you can pursue your lawsuit. To rely on this statute:

• The attack must have occurred in a public space or on private property where the injury victim was allowed to be.
• The injury must have resulted directly from a dog bite.

Limitations to an Owner’s Liability

While strict liability sounds favorable to the injured party, some limitations exist in the statute on the owner’s responsibility. They will not be liable for some or all of your losses if specific conditions are met:

• The victim trespassed on private property
• The victim provoked the animal before the attack
• The dog was defending its owner or someone nearby from a perceived threat
• The owner prominently posted a warning sign about the presence of a “bad dog.”

Whether you provoked the attack or threatened the owner are subjective questions that a dog bite attorney could help you answer in your favor.

What About Negligence Claims?

While Florida is a strict liability state, this standard only applies to dog bites. However, that is not the only way an animal could injure you. Suppose your injuries resulted from a dog scratching you or knocking you to the ground. You could pursue a personal injury case based on a negligence standard. 

As a result, dog attack cases can be more challenging, as you might have to prove that the owner knew (or should have known) how dangerous their dog is. This requirement is an additional hurdle that is absent in strict liability cases. 

What Damages Are Available When I Successfully Sue for a Dog Bite in Florida?

While some dog bites are little more than a nuisance, others can dramatically affect your health, livelihood, and quality of life. Some of the losses you may be able to recover after being bitten by a dog include the following.

Medical Expenses

Securing financial compensation for the cost of your medical treatment is an essential part of most dog bite cases. You could recoup expenses related to emergency department visits, surgeries, hospitalizations, medication, and other treatments. 

Lost Income

Many people who are healing from a dog bite injury cannot return to work immediately. If you have to miss substantial time, your absence might leave you in a financial crunch that makes it impossible to cover your everyday expenses, much less the sudden deluge of medical debt you’ve incurred. A successful dog bite claim could award you money for your lost wages, benefits, and other income sources.

Property Damage

Did the dog ruin your favorite pair of jeans or jacket when it bit you? Or when it bit you, you dropped your backpack containing your laptop? You can seek compensation to repair or replace any property damaged in the incident.

Pain and Suffering

It can be challenging to calculate pain and suffering under Florida law. Unlike your medical bills or lost wages, there is no objective way to measure the suffering you experienced. An attorney can help you determine the value of your case by identifying how it has affected your life emotionally. 

Florida Law Limits How Much Time You Have to Act

The statute of limitations in Florida for dog bite cases is set by Florida Statutes § 95.11. The statute of limitations is the deadline that applies to your case, and failing to comply with it can have devastating consequences. 

In general, you have two years from the date of the incident to file a personal injury lawsuit against the owner. While that might sound like a lot of time, in reality, the deadline can arrive when you least expect it. Moreover, preparing for a lawsuit takes time, so there is no benefit in delaying your case. 

The best way to protect your claim is by speaking with an attorney about your legal options immediately after the attack. The sooner you reach out, the more likely you will avoid any complications with the statute of limitations. 

Dog Bites Can Lead to Many Types of Injuries

You could suffer a wide range of injuries and medical conditions after a dog bites you. For instance, you might have to undergo a series of painful rabies shots to avoid this fatal viral disease.

You could base a personal injury case against the animal’s owner on any of these wounds or illnesses:

• Lacerations
• Bacterial infections
• Broken bones
• Eye injuries
• Nerve damage

The dog’s size does not necessarily correlate to the severity of the injury. If a small animal bit you in the hand or face, it could lead to nerve damage or infections that significantly affect your life. 

Talk to an Attorney About Your Dog Bite Injury Case

Dog bites can be traumatic events, especially when owners fail to take reasonable steps to prevent them. Because Florida is a strict liability state, you can sue someone for a dog bite regardless of whether the owner acted negligently. 

However, these cases can still be complicated, especially if you pursue one alone. Instead of attempting to secure a settlement on your own, you could benefit from a free consultation with Chalik & Chalik Injury Lawyers. Contact us right away to speak with a team member about your case.