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Establishing a Cause of Action for a Dog Bite

Under Florida Statute ยง 767.01, owners of dogs are liable for any damage done by their dogs to a person or to any animal included in the definitions of "domestic animal" and "livestock." This statute abolishes the element of actual or guilty knowledge and makes the owner liable for damage caused by his or her dog, regardless of the owner's knowledge, or lack of knowledge, of its vicious propensities or any question of negligence in keeping the dog or in allowing it to run loose. Therefore, in a cause of action for injury due to a dog bite, it is not essential for a plaintiff to allege the defendant's knowledge of the dog's vicious propensities. The liability of a dog owner is absolute or virtually that of an insurer.

When commencing an action for an injury due to a dog bite, a plaintiff should be sure to consult with an experienced West Palm Beach intentional tort lawyer specializing in dog bite cases. The West Palm Beach dog bite lawyer will advise the plaintiff that the owner of any dog that bites any person while that person is on or in a public place or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages for injuries suffered by the person as a result of being bitten by the dog, regardless of the former viciousness of the dog or the owner's knowledge of the dog's propensity for viciousness. Additionally, a person is lawfully upon private property of the owner when the person is on the property for the purpose of completing any duty imposed upon him or her by the laws of Florida or by the laws or postal regulations of the United States, or when he or she is on the property upon invitation, expressed or implied of the owner.

A claim for an injury resulting from a dog bite can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach dog bite lawyer. If you believe you have a claim for a dog bite, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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