In a claim for a dog bite injury, liability is generally absolute or virtually that of an insurer, except when the owner displays a sign in a prominent place on his or her premises that is easily readable, including the words "bad dog." If such a sign is displayed, a defendant will only be held liable if the individual injured is under the age of six, or unless the damages are proximately caused by a negligent act or omission of the owner. The sole purpose of the phrase "bad dog" is to warn an individual entering the premises and put the individual on notice that there are dangerous dogs on the premises. Additionally, the phrase "beware of the dogs" serves the same purpose as well or better and has the effect as provided by the statute of relieving the owner of liability. Accordingly, in an action for liability against a dog owner, the factual determination must be made whether the "bad dog" sign was posted in a prominent place and easily readable, so as to give actual notice of the risk of the potential for a dog bite to the victim. However, this becomes a moot issue if the plaintiff concedes that he or she noticed and understood the sign. Such a sign is effective to protect the property owner from liability regardless of the victim's failure to understand the warning solely because of an inability to read or write English. The term "easily readable" refers to a sign that is capable of being read and is not a requirement that any possible victim of a dog-bite be capable of reading the sign.
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.
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