For many people, their dogs are considered a member of the family. However, even the most well-cared for and domesticated animals may turn to their natural and instinctual habits and cause an injury to someone else. If a dog, or another type of animal, bites or attacks someone, the injured party may have the right to receive compensation for the damages they suffered, including pain and suffering, lost wages, and medical expenses, from the owner of the animal or the responsible party. This is because of the Florida dog bite lawsuit.
This law contains important elements that deal with the liability of a dog owner to any individual that their dog attacks or bites. According to Florida law, any dog bite victim can pursue compensation for their damages through one of the standards of liability.
Unlike other states, where the owner of the animal isn’t held responsible for the actions unless the dog attacked or bit someone in the past, the law in Florida adheres to something that is called strict liability. What this means is that dog owners can be held liable for any type of injury that is the result of their pet due to an attack on a person who is lawfully on private party or a public space. This is true regardless of if the dog has a history of attacking or biting, or not.
While strict liability does exist in some cases, there are some exceptions to this, including attacks or bites against someone who was trespassing on someone else’s private party, or if the victim provokes the dog.
A victim of a dog bite may also have the ability to file a lawsuit against the owner of the dog based on negligence. To win this negligence claim, the victim has the responsibility to prove that the owner has, in some way, breached the “duty of care,” the victim was owed, which then resulted in the damages or injuries. This may also involve small business owners who have a dog on-site.
If you are pursuing a lawsuit for a dog bite based on negligence, it is likely because your situation did not invoke the strict liability law. There are some other strategic reasons that you can create a claim based on negligence and an experienced attorney can help you figure this out.
There are some situations where dog bite victims experience an injury because the dog owner encouraged their animal to attack. In this situation, you may have the ability to pursue a case for intentional tort.
Even though the majority of dog attacks and bites allow victims to hold the owner liable, in Florida, there are some situations where the owner’s liability may be eliminated or reduced completely. Some situations when this may be true include:
Even though each case is unique, in the situations above, the victims were found to have contributed in some way to cause the injuries they suffered.
If you need help after being bit or attacked by a dog, contact our legal team at Felice | Ehrlich Attorneys at Law by calling (561) 444-8822 for more information. We can review your case and help you find the best method to pursue compensation.
It was a pleasure working with all of FELICE / EHRLICH handling my case. I want to thank everyone for their professionalism and courtesy and honesty in dealing with all of the obstructions and uncertainties. I especially want to thank Ken. In the beginning, I was told he was the best and that is a fact. Thank you, Ken. I also want to thank Janie for guiding and directing and making me feel comfortable through the process. Thank you all it was a pleasure working with you. Mr Hall
I appreciate Ken Erhlich’s straightforward approach and also listening to my concerns. It is not easy navigating legal issues that effect your future and having an experienced, compassionate advocate on your side is well worth the time and expense to help with those intricacies. Many thanks for your guidance and assistance in a field in which you,are an expert.
First of all I want to thank Mr: Felice for his work to get justice in my case, THANK YOU VERY MUCH. Mr: Felice is a lawyer dedicated to his work and client, there are few lawyers like him, that if he sell or fear the opposing lawyer he goes out to luhar for his client until the end without surrendering for a second. So, if someone needs a lawyer, I immediately recommend him and his entire team to work for me personally in Palm Beach County and all of Florida. Will be a pleasure to call him not only my lawyer but my friend too.
God Bless You and you team.
Tim and Matt are the best of the best. Lawyers that finally care about you. Lawyers that work for you, listen to you. I could not ask for any better. They actually care about you as a person. You’re not a $ sign. And the rest of the crew is pretty awesome too. These guys work their butts off
Absolutely incredible personal experience with this law firm, Mr Felice makes you feel like you have an attorney in the family 💯
Very professional. They will bend over backwards for you, and attend to you as promptly as humanly possible. The attorneys are aggressive, and will work for you. I highly recommend these attorneys.