dog attack lawyer Florida

In the state of Florida, state statute F.S. 767.04 is the controlling law on personal injury cases involving a dog or other animal bite. Pursuant to this statute, the owner of a dog is liable for injuries caused by that animal if the bite occurs in a public place or to a person who is lawfully in a private place. This means someone who is not trespassing, so that the owner of a dog would not generally be held liable to a burglar who is bitten by the animal while in someone’s home illegally.

Florida dog bite law differs from other states in that it does not matter if the dog has a history of being vicious or if the owner of the dog has knowledge of any prior incidents of viciousness. The reason this is important, and included in the statute, is because at common law, it was a defense if the owner did not have reason to believe to the dog was likely to bite another person. Continue reading

Florida law provides broad protections for those who suffer injury due to the aggression of dogs belonging to others. F.S. 767 details the state’s “Damage by Dogs” laws. That of course includes bites, but it could also mean other types of injuries inflicted without a bite.

F.S. 767.01 specifically says owners of dogs “shall be liable for any damage done by their dogs to a person.” There is a separate statute, F.S. 767.04, that states the owner of a dog who bites any lawfully present person is liable for the actions of the dog – even if the owner had no prior indication the dog was vicious.

In a recent case out of Nebraska, a plaintiff and her husband sued the owner of two dogs who chased – but never bit or touched – them. As a result of being charged by the dogs (one in particular in the unfenced yard with no restraint), plaintiff fell backward and injured her elbow. Continue reading

Articles Tagged with dog attack lawyer Florida

Dog Bite Liability in South Florida Personal Injury Cases

Grammer v. Lucking – Dog Causes Injury but Doesn’t Bite