Dog Bite / Injury

Dog bites/injuries result in approximately 44,000 facial injuries each year. This represents between 0.5% and 1.5% of all emergency room visits. Every 40 seconds, someone in the United States seeks medical attention for a dog bite.

Q: Who is liable for damage caused by a dog bite?

A: The law in Florida states that the owner of a dog is fully responsible for all damages to the victim caused by a dog.

Q: Can anyone other than the owner of a dog be responsible for damages?

A: The dog bite statute imposes liability solely on the dog owner. However, any person might be liable if he or she was negligent or maintained custody or control of the dog with knowledge that the dog was dangerous. In cities with a “leash law,” violation of the leash law may constitute a form of negligence. The victim can direct a claim to other possible defendants, including employers, landlords and breeders. It is even possible to make a claim against someone who negligently entrusted a dog to another person who could not control it, like a child. Claims against people other than the owner are more difficult to prove, but might be crucial under certain circumstances, such as when the dog owner lacks insurance.

Q: Are there any exceptions to liability?

A: Yes, under the following circumstances the owner of the dog could possibly escape liability if:

The victim was a trespasser
The victim was a veterinarian who was treating the dog at the time of the incident
The victim was committing a felony
The victim provoked the dog
The dog was assisting the police or the military at the time of the incident
The owner had placed “bad dog” signs in prevalent areas of his property

Q: What does a dog bite victim’s attorney have to prove to secure damages for his client?

A: The attorney must prove at least the following things:

The identity of the owner of the dog
That the dog bit the victim
That the victim, at the time of the bite, was in a public place or lawfully in a private place, which could be the property of the owner of the dog
That the bite caused injury, suffering, loss or harm
That the attack could not be excused because of any of the exceptions listed in Question 3
If the defendant did not own the dog, then 1) the defendant was negligent and the negligence was the cause of the injury or 2) the defendant kept or harbored the dog with knowledge that it either previously bit someone or clearly behaved as thought it would bite someone someday.

Q: How are damages calculated in dog bite cases?

A: If the conditions stated in Question #4 are met, the victim can receive money for all of the following things:

Medical treatment such as first aid, emergency room, hospital and ambulance
Future medical treatment for scar reduction
Psychological counseling to overcome the emotional trauma of the attack; fears of dogs, fear of being outdoors, and dealing with disfigurement
Loss of earnings from work or the victim’s business
Damaged personal property, i.e. torn clothing, broken glasses, etc.
Medications
Further intangible damages including: pain, suffering, inconvenience, and loss of the ability to enjoy life

Q: Who actually pays the damages to dog bit victims?

A: Many serious dog attacks involve the dog of a friend or family member. Therefore, victims frequently worry about who will pay their damages because they don’t want a friend or family member to feel the burden. There is no reason to worry. Even though the dog owner is technically liable, the damages usually are paid by:

Homeowner’s insurance
Renter’s insurance
Landlord’s insurance
Dog owner insurance
Insurance covering employers and breeders, if they are responsible

Therefore, if you are a victim and the dog owner is a friend or family member who is covered by insurance, and if that insurance has a limit high enough to cover your damages, your friend or family member will not ever have to pay one cent toward your compensation.

There have been cases where a defendant in a lawsuit had to pay for damages out of his or her pocket because:

The insurance was inadequate
There was no insurance
The defendant acted with actual malice and intentionally caused the injury, and the damages were designed to punish him or her

However, the victim has complete control as to whether to ask for or collect such compensation. If the victim decides against pursuing certain damages, there is no possibility that the dog owner will have to pay them.

Q: How do you find out whether the person liable for the dog bite is insured?

A: People frequently do not know whether their insurance covers a particular type of loss, including a dog bite. Furthermore, some people deny they have insurance when in fact they do. Therefore, do not rely on the dog owner’s statement that he or she does not have insurance. Rather, consult with an experienced attorney who will find out the true insurance status of the dog owner. Furthermore, such an attorney will discover whether there are additional persons who might be liable for your damages.

Q: What happens to the dog?

A: In most cases, absolutely nothing happens to the dog except that it might be quarantined for a few days (frequently at the dog owner’s home). If the attack is brutal or other conditions are met, however, the local animal control authority or court may issue orders requiring that the dog be confined or destroyed.

Dog bite victims often do not want anything to happen to the dog. If the local animal control department has not been notified, the victim can instruct his or her attorney to refrain from doing so. The attorney is required to follow the client’s instructions with regard to notification of the authorities as well as anything else affecting the client’s rights. A victim, therefore, can be assured that nothing will happen to a dog against the victim’s will.

If you believe that you have been injured as the result of someone else’s negligence, contact our for a free, no obligation consultation with one of our attorneys.

Did you find the answer you were looking for? If not, email us your dog bite question and we will send you back an answer.

Personal injury attorneys at Brumbelow Drechsel in St. Petersburg, Florida, represent clients throughout Florida and most frequently the Tampa-St. Pete metro area, including Tarpon Springs, Palm Harbor, Largo, Clearwater, St. Petersburg, Lakeland, Pinellas Park, and St. Pete Beach; from counties including Pinellas County, Hillsborough County, Citrus County, Manatee County, Sarasota County, Hernando County, and Pasco County.