The Florida Law Behind Children and Dog Bites – All You Need To Know!
Florida’s kid dog bite law. Applies to under-6 dog attacks. Curious? Continue reading!
The Florida Law behind children and dog bites. It applies to any dog attack that occurs while a child is under six years old.
According to the law, dog owners who attack a child are strictly liable for the animal’s actions, regardless of whether a dog’s owner is aware of any warning signs. The legislature argues that young children cannot read warning signs and are not always aware of the dangers of pulling on a dog’s tail or ears.
As a result, the child’s parent may be partially to blame for the attack. Want to know more? Keep reading!
Statute Of Limitations
When can you file a claim for a child dog bite? In Texas, the statute of limitations begins when a child turns 18. In other words, a child who was bitten by a dog has only two years from the date of the injury to file a lawsuit. For unemancipated minors, the statute of limitations begins two years after the injury. Otherwise, there is no time limit.
In Florida, a child’s parents can file a lawsuit on their child’s behalf. Although they can’t file a lawsuit in their name, they can represent their child if a dog bites them. It might be challenging to pursue a case if the parents had any involvement in the dog bite.
The statute of limitations for children and dog bites varies from state to state. In California and Illinois, the statute of limitations for a dog bite lawsuit starts to tick when a child reaches age 18, and a child injured at three may have to wait until adulthood before they can file a claim. The statute of limitations for dog bites in Georgia, Ohio, Tennessee, and Washington, on the other hand, is two years. In addition, Kentucky has a one-year statute of limitations.
Regardless of the type of dog bite, if a dog owner’s negligence is responsible for the child’s injury, the victim’s ability to file a dog bite lawsuit may be limited. If the owner failed to follow the law, negligence per se might apply. In other words, if the owner knowingly broke the law to keep a dog from biting a child, they may be liable for the damages caused by the dog.
If a child has suffered a dog bite caused by a negligent owner, the statute of limitations for a dog bite lawsuit does not apply to accidental injuries. However, the dog owner may be held liable if the injury occurred on public property. In Illinois, the statute of limitations for child bites includes any damages a parent could claim under tort law. If the child has a disfiguring scar caused by a dog bite, they can file a claim for loss of consortium.
Duty Of Care
Dog owners in Florida are strictly liable for dog bite injuries. A prominent warning sign for dogs will reduce liability but not if the dog bites a child. Under Florida law, a dog owner has a special duty of care to children because they may not fully understand or read the sign. Children under six have a special duty of care and cannot be expected to be aware of a warning sign.
- A bitten person may sue the dog owner for damages. Florida’s statutes outline dog provisions but mainly address laws regarding dangerous dogs. A dog owner is liable for damages when the dog bites another person or property, regardless of the dog’s viciousness or the owner’s knowledge. However, the dog owner’s liability is reduced if the bite victim was negligent in some way.
- Victims of dog bites can pursue economic or non-economic damages. Monetary damages refer to out-of-pocket expenses, such as emergency room bills and medical care. Non-economic damages are expenses related to a person’s life, such as emotional distress. For example, if a dog bit a child, the owner may only be liable for $5,000 of the damages. If, however, the dog bite victim is only 50% at fault, they may only receive $2,400 in compensation.
Damages Recovery
Regarding dog bite cases, Florida law is geared toward victims. There are several bases for damage recovery: negligence, strict liability, and intentional torts. Florida has a statute of limitations for filing a lawsuit, so you may have limited time to pursue your case.
A victim’s monetary recovery may depend on several factors, including age and the type of injury suffered. If a dog bit a child, the statute of limitations might apply.
- The Florida law behind children and dog bites damages is straightforward: a child who suffers an injury due to a dog’s negligence or misconduct is entitled to damages. These damages include medical bills, physical therapy, and other expenses. In some cases, a child may have to undergo surgery or painful shots. This can have long-term effects and even lower a child’s self-esteem.
- In some cases, the dog owner can be held liable for a child’s injuries if they were on a property owned by the landlord. However, there are also some exceptions to the law. Unless the dog was on public property when it was bitten, the owner is presumed negligent. Moreover, if the dog owner knew the dog was dangerous, the dog owner may be liable for damages.
- The statute of limitations for filing a child and dog bite lawsuit in Florida is four years after the dog attack. However, if the victim was a child, the statute of limitations may be tolled until the child reaches majority. As a result, it may be difficult for the child to file a lawsuit, but a child can still receive damages. It may be worth the money to seek justice after a dog attack.
- A dog owner may be liable for the injury if it affects the child’s ability to perform basic tasks or earn a paycheck. If the victim has lost income because of the injury, they can recover damages in the form of disability benefits. If the dog owner is liable, they will need to prove that the child was in the area when the dog was attacked, as trespassing may prevent them from suing the owner.
Negligence Per Se
The concept of negligence per se is not new in Florida. In the state, a dog owner must prove that a child was properly restrained before biting them to establish negligence. A jury may have to consider contributory negligence to award damages, so it is critical to understand the law. Florida has strict liability laws for dog owners, which can make a case much easier to win.
A dog owner may be liable for the injury of a child or a loved one if the dog is a dangerous breed. The dog’s owner can be held responsible for the injury if they knew the animal was dangerous and failed to take special precautions to prevent it from harming people. Although dog owners are often not liable for dog bites in their homes, negligent behavior can still be a basis for a personal injury claim.
In Florida, negligence per se can arise from an owner’s failure to warn the child of a dangerous animal. However, the court must first determine that the owner knew the animal was dangerous before a duty of care could arise.
Moreover, there must also be a duty of care based on negligence. The burden of proof is high, and it may be challenging to prove negligence. While a court may grant a motion for summary judgment based on an owner’s lack of duty of care, a defendant may still be held liable if it is not negligent.
Negligence per se is a common law ground for liability based on the lack of reasonable or prudent care.
- A dog owner can be held liable if the dog has previously attacked someone or violated any safety laws.
- The dog owner is also responsible for negligence if the dog was uncrated if they knew of its past behavior.
- It is difficult to prove negligence in these circumstances, but the statute allows a child to recover damages for dog bites.
- In Florida, negligence per se applies to both economic and non-economic damages. For instance, if the dog owner fails to follow the leash law in a public park, he is liable for the dog bite.
- In this case, the dog owner is liable for the victim’s pain and suffering due to the violation of the law. As a result, the dog owner may be responsible for their child’s injuries.
Key Takeaway
If your dog was the cause of the attack, you could file a claim against the dog’s owner. The dog owner may have insurance, but this does not automatically mean that they are responsible for any damages. The owner may have no insurance at all, or it may be a landlord’s dog. If the owner is not liable for the damages, you may have to file a claim against their homeowner’s insurance. This can be complicated but it is still a possibility.
A Florida dog bite lawyer will work to obtain compensation for the victim. It is important to note that a dog’s owner has a legal obligation to the victim after a bite, regardless of the dog’s history or whether the owner was aware of the dog’s vicious nature. A dog owner must take reasonable steps to ensure that their dog is well-behaved, and the owner must avoid excessive punishment for the attack.
Ovadia Law Group provides exceptional legal services and a strong reputation for achieving the best possible results for their clients. With over a decade of experience in Florida, Ovadia Law Group knows how to combat insurance companies and win. And the best part is that there are no upfront costs for their services, making them more affordable for everyone. Call the decade-old law firm at 1-800-674-9396. Their attorneys are available 24×7/365 days in Miami, Boca Raton, Fort Myers, and Orlando passionate about helping their clients obtain the compensation they deserve.
