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Dog Bite Claim

General Injury Law : Dog Bite Claim

Under Florida Statute § 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. 

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.

Further, a plaintiff pursuing a claim for a dog bite may bring the action in common law, but only to the extent that the claim is not covered by the dog bite statute, Florida Statute § 767.04.  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.  However, unless a non-owner has actual knowledge of the viciousness of the owner's dog, such knowledge cannot be imputed on the non-owner. 

In a cause of action 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 anypossible 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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 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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