Clearwater Dog Bite Lawyer

Can I Recover Damages If I’m Being Blamed for a Dog Bite Injury in Florida?

Shared fault is often an important issue in dog bite cases. Typically, the dog’s owner will accuse you of provoking the dog. Both Florida dog bite laws and modified comparative fault laws allocate financial responsibility between all parties who played a role in causing the injury. 

While you aren’t required to prove the dog owner was negligent, they can use your own negligence against you. If successful, your damages award will be reduced in proportion to your share of fault. And because Florida has a “51% rule” in place, you cannot recover damages if you were mostly to blame for the incident.

We’ll Fight to Recover Compensation for All of Your Dog Bite Injuries

Thousands of Americans visit the emergency room because of dog bite injuries every year. Some of the injuries sustained because of a dog bite can be extremely severe–especially if the victim was a child.

At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we’ll fight to recover fair compensation for all of your dog bite injuries, including:

• Puncture wounds and lacerations
• Broken bones
• Soft tissue damage
• Nerve damage
• Infection 
• Traumatic brain injuries
• Spinal cord injuries
• Head and neck injuries
• Concussions
• Back injuries
• Crushing injuries
• Amputations caused by severe infections

While rare, some dog bite injuries can be fatal. Our Clearwater dog bite attorneys can help you file a lawsuit for wrongful death if you lost a loved one because of a dog bite injury.

Am I Required to Prove Negligence to Recover Compensation for Dog Bite Injuries in Florida? 

Every state has its own set of dog bite laws. Under Florida state law, dog bite victims aren’t required to prove negligence to recover compensation. Dog owners can be held strictly liable for damages.

The strict liability dog bite law applies if:

• The dog bites another person and causes injuries
• The victim was in a public place or lawfully on private property when bitten (including the dog owner’s private property)

In Florida, the owner is liable for compensation even if the dog had never displayed aggressive tendencies before. There is no “one bite” law that allows dog owners to escape liability for a first bite.

Still, it’s not always easy for dog bite victims to recover fair compensation. The Florida dog bite law also considers the victim’s own actions in determining whether to award compensation.

Dog bite victims can recover compensation regardless of the dog’s former vicious behavior. However, if the dog bite victim’s negligence partly caused the biting incident, the victim’s compensation award can be reduced to account for the victim’s own share of fault.

Negligence in Florida Dog Bite Cases

Dog owners are strictly liable for injuries caused by their pets. However, they aren’t the only ones who may be financially liable for your injuries. 

You can also hold third parties liable for your dog bite if they had a legal duty to exercise caution to prevent the dog from biting. 

To recover compensation based on negligence, you’ll have to prove:

• The third party owed you a legal duty of care
• There was a breach of that duty
• The breach caused the events to happen as they did
• You suffered injuries as a result

Examples of responsible parties in your case could include:

• Dog walkers
• Property owners
• Business owners
• Landlords
• Pet sitters and anyone else who was responsible for the animal at the time

Negligence can also play a role when a dog attacks but doesn’t actually bite you. An animal attack can cause serious injuries. However, the Florida dog bite law only applies to situations where the dog actually bites the victim. If you were a victim of a dog attack, you’d have to prove that the dog owner was somehow negligent to recover compensation.

Negligence can be proven in a number of ways, including failure to:

• Abide by local leash laws
• Keep the dog in a confined, secure space
• Display a “bad dog” sign if the dog has displayed a history of viciousness
• Take extra precautions for a dog that has been classified as a “dangerous dog”

The victim’s age can also play a role in establishing liability. For example, dog owners can only use a “bad dog” sign to escape liability if the victim was at least six years old at the time of the attack.

How Long Do I Have to File a Lawsuit After Sustaining a Dog Bite Injury in Florida?

Most dog bite victims in Florida have either two or four years to file a claim, based on a recent change in the state’s statute of limitations. The two-year time limit applies to injuries sustained on or after 3/24/2023, and the four-year limit applies to those sustained prior to that date. This statute of limitations may be tolled if the victim was a minor at the time of the attack, and there are other potential exceptions as well. A personal injury lawyer can help you determine the appropriate deadline for your case.

You could face substantial medical bills and painful corrective surgeries after a dog bite injury. Call a Clearwater dog bite lawyer at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers today to get the legal advice you deserve. We offer free consultations for all potential clients.

Visit Our Personal Injury Law Office in Clearwater, FL

Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – Clearwater Office

1875 N Belcher Road, Suite 201,  
Clearwater, FL 33765

(727) 591-3354