A plaintiff pursuing a claim for a dog bite may bring the action in common law, only to the extent that the claim is not covered by the dog bite statute, Florida Statute § 767.04. When asserting a dog bite claim, a knowledgeable and experienced West Palm Beach general torts lawyer specializing in dog bites will be sure to allege both a common law and statutory claim against the defendant dog owner. Additionally, the remedy provided by the dog bite statute is in addition to and cumulative with any other remedy provided by statute or common law. The insulation from the liability of a dog bite claim provided to a defendant through the compliance with the dog bite statute does not extinguish the possibility of pursuing the non-owner who can be linked to the dog. The plaintiff may pursue an action for liability against a non-owner upon a common law liability claim. For example, where the plaintiff's complaint alleged a common law negligence claim against the homeowner's association for knowledge of the presence of the dog and its vicious propensities, the trial court erred in dismissing the complaint on the grounds that it did not allege that the defendant was the owner of the dog. However, unless a non-owner has actual knowledge of the viciousness of the owner's dog, such knowledge can be imputed on the non-owner, the third party will not be held liable for injuries caused by the defendant's dog. For example, a landlord may only be held liable for the injuries caused to the plaintiff by the tenant's dog if he or she had actual knowledge or knowledge cannot be imputed to the landlord that the dog was vicious, and that the landlord had a duty to protect the plaintiff.

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.