Why Is It Important To Call An Attorney Following A Dog Bite

In Florida, several parties will pay for a dog bite claim. The insurance company of the dog owner or handler may pay for your dog bite claim. In other words, if the dog owner or handler was at fault, you can file a claim against them for negligence. Often, the insurance company pays out your claim without costing you anything. 

This article will explore some possible reasons you might be able to file a lawsuit against a dog owner or handler.

Damages After A Dog Bite

You may wonder who can sue for damages after a dog bite in Florida. Most dog bites happen on the owner’s property, but in some cases, you can file a claim against the owner if you were injured while on the owner’s property. This may include delivery drivers, utility workers, and even guests. Florida law protects these workers from dog attacks. In more extreme cases, however, a dog owner may be responsible for the attack. In such cases, a victim can file an assault and battery lawsuit against the dog’s owner.

The dog owner is responsible for ensuring the pet’s safety. If a dog bites you, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. A lawyer can examine your injuries and determine how much compensation you may be entitled to receive. This may be less difficult than proving a herniated disc, but it’s still a viable claim.

While there are several limitations in damages after a dog bite, you should keep in mind that there may be a limit to the amount you can recover. If you provoked the dog, for example, it might have acted maliciously, leading to the injury. In this case, a judge or jury will decide what degree of fault the victim has in the incident. Also, dog bite claims do not apply to children under six years of age, as they do not yet have the mental capacity to understand the consequences.

The best way to minimize the dog owner’s liability is to prove that the victim was negligent. If you did not provoke the dog, it might be irrelevant to your case. However, if you can prove that you were the victim of negligence on the part of the owner, you may be able to obtain damages for your injuries. And if you were negligent in any way, you may be eligible for more money than you’d think.

Can You Sue A Dog Owner Or Handler?

In many cases, you can sue a dog owner or handler if their dog bit you. However, some cases are exempt from liability if the owner is unaware of the dog’s aggressive behavior. In such cases, you may be able to file a negligence-based lawsuit against the dog’s owner. 

• The length of your lawsuit will depend on the quality of your attorney and the lawyer’s expertise in dog bite law. A new attorney with limited experience in dog bite litigation might take longer than a veteran attorney. A veteran lawyer with little experience in this area of law may struggle against an experienced attorney. Regardless of the length of your lawsuit, a good attorney-client relationship can help make the process easier.

• A dog owner can be sued after an unprovoked attack on their property. In some states, a dog owner or handler is allowed one “strike” if the dog bites a person on private property. But, in Florida, you have the right to sue a dog owner or handler after only one attack.

• Some Florida dog owners might be able to escape liability if they posted adequate warnings. For example, some dog owners may have known that their dogs tend to bite people, have a history of biting people, and are protective. Even if you were unaware of the dog’s dangerous nature, the owner could argue that the signs were adequate warnings and that you ignored the warnings.

• In addition to proving negligence, a dog owner can be held liable if their actions caused the injury. In some cases, the owner can also be held responsible if the victim did not contribute to the dog’s injuries, such as by breaking a leash law. The state has specific laws on dog bite cases, which can be complicated by the fact that the injured person may have been provoking the dog.

Collecting Evidence After A Dog Bite

After a dog bite, you will need to collect evidence to support your case. 

• Taking pictures and videos of the scene can help you build a strong case. 
• Get the name and phone number of anyone who witnessed the attack. These bystanders may be able to corroborate your story. 
• Collect as much evidence as possible, including a detailed description of the dog’s behavior.
• It is important to contact animal control or the local police when a dog bite occurs. 
• Filing a complaint will ensure the dog is quarantined and prevent future attacks. Additionally, filing a report will provide evidence proving the attack’s date, time, and circumstances. 

This evidence can be used to prove your claim against the person responsible. In addition, animal control may be able to locate the dog’s owner. The owner of the dog is usually responsible for the damages you suffer. If he or she didn’t take the necessary steps to prevent the injury, you could sue the dog owner for the damages. The dog owner is responsible for any cosmetic surgery you may need, and you may also be able to recover your lost wages. Collect evidence and seek compensation. However, remember that this isn’t an easy process, and you need an attorney to represent you.

Photos are another way to provide proof. Pictures of the dog’s attacks can help prove the truth. Take pictures of any damaged clothing or other evidence. Photographs may also be able to provide proof of internal injuries or brain trauma. Photos can also help show the severity of the dog attack and any witnesses. If there are witnesses, gather their contact details. In addition to photographs, a video recording of the attack can also help in your case.

If a dog has attacked you, you should contact the owner as soon as possible. If the dog owner is nearby, you should call them. They can check for vaccination records, and they may be able to provide you with useful information to prevent future bites. Aside from obtaining contact information, a dog owner’s insurance company may cover the cost of your medical bills. If the dog owner’s insurance company doesn’t cover your medical expenses, the dog’s owner is liable for the cost of your injury.

Comparative Negligence Exception To Strict Liability Rule

A dog bite case in Florida is relatively easy to win because the comparative negligence law applies. It limits a dog owner’s liability according to how much fault the victim bears in causing the incident. 

For example, a victim who provoked the dog will not be fully compensated if the dog owner is deemed 25% at fault for the attack. Even if the owner is partially to blame, the dog owner may be held partially liable for the victim’s injuries.

• One exception to the strict liability rule that protects law enforcement officers from dog bite claims is the use of excessive force. While this exception does not apply to children under six, it applies to dogs used by law enforcement agencies. The law also protects law enforcement dogs from dog bite injury claims. If a dog owner was arrested using excessive force, the victim’s fault must be proportionate to his or her own.

• A dog bite in a Florida case may be eligible for a Comparative Negligence exception, which limits the liability of the dog owner. However, this exception may not apply if you were the one who provoked the dog, such as by striking the animal. Moreover, the dog owner is liable if you were trespassing on the property of another. So, in most cases, the dog owner is still liable if the dog bit you.

• There is another way to limit a dog owner’s liability in a dog bite lawsuit: the scienter exception to the strict liability rule follows the occurrence of negligence. This exception can help you recover compensation when the dog owner violated a safety law. A dog owner’s negligence is also relevant in a dog bite case if the owner failed to enforce safety laws and the dog bit another person.

Final  Point

While the statute of limitations does not limit the damages awarded for a dog bite, it does help the victim seek compensation. A Florida dog bite attorney from Ovadia Law Group will evaluate your case and give you a free consultation. During the consultation, you can expect a thorough analysis of your claim and case. If you have any questions, do not hesitate to contact us at 1-800-674-9396

Attorneys at Ovadia Law Group have a great reputation for getting the best possible outcomes for their clients. Ovadia Law Group has fought insurance companies for over a decade in Florida, Miami, Boca Raton, Fort Myers, and Orlando and has come out on top. Their lawyers are dedicated to ensuring that their clients get the compensation they are entitled to receive. There are no upfront fees for their services, making them more accessible to everybody.