Dogs are a favorite pet for good reason, as few pets have the same level of affection and loyalty. If you are a dog owner, you understand this very well. You also know how important it is to maintain control of your pet so they cannot run away, or worse, bite someone. Not every dog owner shares this sense of responsibility, which can put others at risk of being attacked.
If this happens to you, you may be able to recover financial compensation for your injuries from the owner with the help of a DeLand dog bite lawyer. At The Florida Firm, our team of experienced and committed attorneys handles all types of personal injury cases and wants you to succeed. Our lawyers could guide you through the process from beginning to end.
What Is Strict Liability in a Dog Attack?
Some states have adopted the “one bite rule.” This means that a dog owner may not be liable if their pet attacks someone if they had no prior knowledge of its aggressive tendencies. In other words, the dog gets one bite, after which the owner must make an effort to ensure that it does not happen again.
In Florida Statutes § 767.04, however, it states that an owner is liable for injuries caused by their dog, regardless of the animal’s viciousness or the owner’s prior knowledge of that behavior. This is strict liability, which holds owners accountable when they do not prevent their pets from attacking people.
Further, the owner’s responsibility extends to any person in a public place or on private property. Therefore, you may be able to hold the owner accountable if the bite occurred while visiting their home.
However, there are many exceptions in the law, which make determining liability and potential compensation complex and nuanced. Our team of skilled attorneys could navigate through these challenges to help you recover what you deserve after an animal attack in DeLand.
Legal Limitations on Compensation in a Dog Bite Case
The exceptions to an owner’s liability could reduce the amount of compensation you receive, and in some instances, you may not be able to recover any damages. It is important to understand these limitations.
The state uses a modified comparative negligence system, meaning that if your actions contributed to the attack, there may be a reduction in your compensation based on the percentage of that contribution. For example, if the court finds that you were 25 percent responsible for the dog bite, your compensation is 75 percent of the total. However, under the state’s modified system, if your percentage of fault is more than 50 percent, then you may not recover any damages. An illustration of this is if you teased, harassed, or otherwise provoked the animal before it retaliated.
Additionally, Florida Statutes 767.04 gives some exceptions to an owner’s liability. First, you must lawfully be on private property. In this context, lawfully means being on the land to perform an official duty, such as delivering mail, or by invitation from the owner. Most significantly, the dog’s owner is not liable for any injuries if they have an adequate sign warning visitors of their pet’s vicious tendencies on their property.
Determining how much you could recover is difficult without first considering these limitations. When you suffer a bite from someone else’s dog in DeLand, it is important to speak with our knowledgeable lawyers to understand how much your case is worth. Our team could thoroughly review your situation and help you move forward.
Contact a Dog Bite Attorney in DeLand Today
It is understandable to feel hesitant about contacting a DeLand dog bite lawyer after being attacked, especially if you believe the dog was not solely to blame. However, you deserve compensation for your injuries, and the owner’s insurance should have to pay for it.
Our team takes pride in helping victims seek justice. Our history of success results in many new clients coming to us through referrals from former clients and other law firms. Call Colling Gilbert Wright for a free consultation with one of our attorneys about your case.