What Happens if a Dog Bites Someone in Florida?

In a nutshell, if a dog bites someone in Florida, the dog seriously injures the victim, and the victim receives substantial compensation, at least in most cases. These injuries usually require long-term treatment at specialized medical facilities. As for compensation, in 2023, for the first time, homeowners insurance companies paid over $1 billion to settle dog bite injury claims.

A Tampa personal injury lawyer is a critical partner in the injury claim settlement process. As outlined below, Florida’s dog bite laws are extremely complex. Only an attorney quickly and correctly evaluates a case, in terms of legal doctrines and the evidence available, formulates a plan of action, and then executes that plan. Then, when settlement negotiations begin, a Tampa personal injury lawyer isn’t satisfied with anything less than the best possible result under the circumstances.

Dog Bite Injuries

One reason dog bite settlements are so high is that animal attack victims sustain a variety of physical and emotional injuries.

The physical injuries normally begin with the knockdown. Generally, a large dog, like a pit bull, attacks a small victim, like a young child. When the animal lunges at the victim, the impact causes broken bones and other such injuries.

That’s just the beginning. When dogs bite, their teeth usually cause severe tearing lacerations as well as deep puncture wounds. These severe lacerations usually require extensive treatment, including multiple reconstructive surgeries, at an aforementioned specialized facility. Additionally, the dog’s teeth usually pierce internal organs, causing massive bleeding.

Furthermore, dog bite injuries normally get infected. Common infections include Staphylococcus aureus, Streptococcus species, Pasteurella multocida, and Capnocytophaga canimorsus. Common complications are usually foreseeable, meaning that the owner is liable for damages. Sometimes, a Tampa personal injury lawyer must file a separate claim against the doctor.

Finally, once again especially if the victim is a young child, dog bites usually cause Post Traumatic Stress Disorder. PTSD symptoms, such as depression, anger, hypervigilance, and nightmares, make it almost impossible to function on a day-to-day basis.

Liability Issues

Several legal doctrines could apply to a dog bite case, mostly depending on the evidence available. These options include:

• Strict Liability: Section 767.04 states that owners are liable for bite damages as a matter of law, regardless of the facts in the case. So, a victim/plaintiff usually only needs medical records to prove a case. However, since the strict liability law is limited to bite injuries only, only partial compensation is available, in most cases.
• Scienter (Knowledge): Owners are liable for all physical and emotional injuries if they knew the animal was potentially vicious and didn’t sufficiently control it. Evidence of knowledge usually includes aggressive barking, baring of teeth, and other pre-bite behavior. The victim/plaintiff has the burden of proof on this point.
• Negligence: Ordinary negligence is a lack of care. Attorneys typically use this approach when a third party, like a teacher who allows children to play near a strange dog, is negligent. Negligence per se is a violation of a leash law or other safety law that substantially causes injury.

Provocation is usually a defense to strict liability, scienter, and negligence claims. Significantly, provocation has a unique meaning in Florida law.

Owners sometimes claim that fast movements or loud noises provoked dogs. But in the Sunshine State, a victim cannot “accidentally” provoke a dog. In fact, a victim cannot unintentionally or verbally provoke a dog. Instead, provocation is a physical act that’s practically synonymous with torture.

 Rely on a Detail-Oriented Hillsborough County Lawyer 

Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced personal injury lawyer in Tampa, contact Kobal Law. We routinely handle matters throughout the Sunshine State.

Source:

iii.org/press-release/triple-i-dog-related-injury-claim-payouts-hit-112-billion-in-2023-040824