DOG BITE LAWYER IN TAMPA

In Tampa, the impact of dog bites is felt by individuals and families alike, often leading to physical, emotional, and financial strain. Understanding Florida’s legal framework regarding dog bites is essential for residents, especially those who have experienced such an incident or own a dog.

UNDERSTANDING FLORIDA’S DOG BITE LAWS

In Florida, the owner of a dog is automatically held liable if their dog bites someone, regardless of the dog’s previous behavior or the owner’s knowledge of the dog’s aggressiveness.

This approach contrasts with the “one-bite” rule applied in some other states, where owners are only liable if they knew their dog might be dangerous according to FLSenate.gov. Florida’s strict liability statute applies to incidents occurring in public spaces or private property where the victim is lawfully present​​​​.

Implications of Strict Liability

This law significantly impacts dog owners in Tampa. It imposes a duty of care on them to prevent their dogs from biting people, as they can be held liable even if the dog has never shown signs of aggression before. For residents and visitors in Tampa, this law provides a level of protection and assurance, as they have legal recourse if they are bitten.

DOG BITE STATUTE

Florida’s dog bite statute is not limited to bite injuries alone. Dog owners are also liable for any damages caused by their dogs, which can include injuries from being knocked over or scratched. This broader interpretation of the law ensures that all forms of injury caused by dogs are covered, providing a comprehensive protective measure for individuals in Tampa and across Florida​​.

Understanding these aspects of Florida’s dog bite laws is crucial for dog owners and victims alike in Tampa. Dog owners must be aware of their responsibilities and the potential consequences of their pets’ actions, while victims of dog bites should know their rights and the legal protections available to them.

For more in-depth information on Florida’s dog bite laws, you can refer to the Florida Senate’s documentation on Chapter 767 Section 04- 2021 Florida Statuses.

Liability Beyond Dog Bites

While dog bites are the most common cause of injury in dog-related incidents, Florida’s dog bite laws also encompass a broader spectrum of injuries. This extension of liability is significant for both dog owners and victims in Tampa.

NON-BITE INJURIES

Florida statutes not only cover bite injuries but also hold dog owners liable for any damage done by their dogs. This includes injuries that do not involve biting, such as when a dog knocks someone down, causing injury. The law is clear that owners are “liable for any damage done by their dogs” to a person, a domestic animal, or livestock. This expanded interpretation of the law ensures that victims of non-bite injuries have a legal recourse​​.

COURT INTERPRETATIONS

Florida courts have consistently upheld that this law imposes strict liability on owners for non-bite injuries caused by their dogs. This means that, just like with bite cases, the owner can be held liable for injuries caused by their pet without the need to prove negligence or prior knowledge of the dog’s propensity for harm​​.

DEFENSES IN DOG BITE CASES

Exploring Owner Defenses in Florida
While the law places strict liability on dog owners for bites and other injuries, there are specific defenses that can be utilized by dog owners in certain circumstances. Understanding these defenses is crucial for both dog owners and victims in Tampa.

Victim Negligence as a Defense

One key defense available to dog owners is if the victim’s negligence contributed to the incident. In such cases, the liability of the dog owner can be reduced. This is based on the principle of comparative negligence, where the victim’s actions, such as provoking the dog, are taken into account. The amount of damages that a liable owner must pay will be reduced by a percentage equal to the percentage of blame assigned to the injured person​​​​.

Trespassing as a Defense

Another defense for dog owners is if the victim was trespassing. Florida law requires that an injured person must be “lawfully” in the place where the bite occurred to recover damages. For example, invited guests and mail carriers are lawfully on a homeowner’s property, but a trespasser would not be entitled to collect damages if injured by the homeowner’s dog​​.

“Bad Dog” Sign as a Defense

Florida law also provides a specific defense for dog owners who have displayed a prominent “Bad Dog” sign on their property. This sign can mitigate the owner’s liability, except in cases involving children under the age of six or where the owner’s negligence contributed to the victim’s injuries​​.

SPECIAL CONSIDERATIONS FOR CHILDREN IN DOG BITE CASES

Children are particularly susceptible to dog bites and attacks. Due to their small size and lack of understanding about how to safely interact with dogs, children in Tampa and across Florida are often at a higher risk of being bitten or injured.

Florida’s Protection for Child Victims

Under Florida’s dog bite laws, special considerations are made for child victims. The law recognizes the heightened vulnerability of children to dog attacks and provides additional legal protections for them.

STRICT LIABILITY AND CHILD VICTIMS

In cases involving children, Florida’s strict liability rule for dog bites is especially pertinent. This means that if a child is bitten, the dog owner is liable for the injuries, regardless of any previous indications of the dog’s behavior or the owner’s knowledge of such behavior. This rule applies even more stringently when the victim is a child, reflecting the law’s recognition of the need for greater protection for younger individuals​​​​.

PARENTAL CLAIMS FOR DAMAGES

Parents or guardians of children who are victims of dog bites have the right to claim damages on behalf of their child. This includes compensation for medical expenses, pain and suffering, and any other losses or damages resulting from the dog bite or attack. The compensation aims to cover not just immediate medical costs but also long-term care if needed, considering the potential for more significant physical and emotional impact on children​​.

IMPACT ON LIABILITY AND COMPENSATION

While the strict liability rule holds dog owners accountable for bites to children, the nuances of each case can still influence the outcome. Factors such as the location of the attack, the behavior of the child (in the case of older children), and other circumstances can play a role in determining the extent of the owner’s liability and the compensation awarded.

CRIMINAL LIABILITY FOR DOG OWNERS

Dog owners must be aware that in addition to civil liability for dog bites, there can also be criminal repercussions in severe cases. Understanding the extent of these legal responsibilities is crucial for dog owners to ensure they adhere to the necessary safety measures and legal obligations.

Criminal Charges in Serious Incidents

Manslaughter Charges: In extreme cases where a dog attack results in wrongful death, the dog owner could face serious criminal charges, including manslaughter. This underscores the severity with which the law treats dog attacks that lead to fatal outcomes​​.

Aggravated Assault Charges: If a dog attack is particularly severe or if the dog is known to be aggressive and the owner fails to take adequate precautions, criminal charges such as aggravated assault can be brought against the owner. This highlights the importance of responsible dog ownership and the potential legal consequences of negligence​​.

Liability for Owner’s Actions

Dog owners in Tampa should understand that owning a dog comes with significant responsibilities. Ensuring that their pet is well-trained, properly restrained, and does not pose a danger to others is not just a matter of civil liability but also a matter of avoiding criminal culpability.

Preventive Measures for Dog Owners

Keeping a dog on a leash and ensuring its behavior is in check are essential steps for avoiding legal repercussions. Owners should also be aware of their dog’s temperament and take necessary precautions if the dog has aggressive tendencies.
Engaging in proper training and socialization of the dog can also help prevent aggressive behavior and reduce the risk of attacks.

CONTACT US

If you or a loved one has been a victim of a dog bite in Tampa, it’s important to understand that you have legal rights and options. Florida’s dog bite laws can be complex, and navigating them without professional guidance can be challenging.

Our experienced dog bite lawyers in Tampa are well-versed in Florida’s strict liability laws for dog bites, as well as the nuances of defenses and special considerations for children in these cases.

Contact us for a consultation to discuss your case. For more information on our services, please visit our Personal Injury page.