Table of Contents
Introduction
Getting bitten by a dog can be a traumatic experience, and if it happens, chances are you will want to seek compensation for the damages. In Florida, determining liability in a dog bite case is not as straightforward as it may seem, and there are different factors to consider, including the dog’s history, the victim’s action, and the dog owner’s liability insurance. In this article, we will discuss how liability is determined in a dog bite case in Florida.
Statutory Liability
Florida follows the strict liability rule when it comes to dog bites, which means that the dog owner is held strictly liable for any injuries or damages caused by their dog, regardless of the dog’s history or the owner’s negligence. However, this only applies if the victim was lawfully on the premises, which means that if the victim was trespassing, the dog owner may not be held liable.
Common Law Liability
In addition to statutory liability, Florida also recognizes common law liability, which means that the dog owner may still be held liable even if the dog has never bitten anyone before. To establish common law liability, the victim must prove that the dog had a history of aggressive behavior and that the owner knew or should have known of that behavior but failed to take reasonable steps to prevent it.
Comparative Negligence
Florida follows the comparative negligence rule, which means that if the victim’s actions contributed to the dog bite, their compensation may be reduced accordingly. For example, if the victim provoked the dog or ignored warning signs, such as growling or barking, their compensation may be reduced.
Dog Owner’s Liability Insurance
Many homeowners’ insurance policies include liability coverage for dog bites, which means that if you are a dog owner and your dog bites someone, your insurance policy may cover the damages. However, some insurance policies exclude certain breeds, such as pit bulls or rottweilers, or may have limits on coverage, so it’s important to check your policy carefully.
Defenses for the Dog Owner
If you are a dog owner facing a dog bite claim, there are several defenses available to you. These include arguing that the victim provoked the dog, that the dog was protecting the owner or the owner’s property, and that the victim was not lawfully on the premises. Additionally, if your dog was a service animal, you may have additional defenses available to you.
Conclusion
Liability in a dog bite case in Florida depends on several factors, including the dog’s history, the victim’s actions, and the owner’s liability insurance. If you or someone you know has been bitten by a dog, it’s important to seek medical attention and contact a personal injury attorney who can help you determine liability and seek compensation for your damages. Remember that dog owners have a responsibility to take reasonable steps to prevent their dogs from biting others, and if they fail to do so, they may be held liable for any injuries or damages caused by their dog.