Dog bites are a common source of injury, with approximately 4.5 million incidents occurring each year in the United States, according to the Centers for Disease Control and Prevention (CDC). In 2015, dog bites and related injuries accounted for more than one-third of all homeowners insurance liability claim dollars, totaling over $570 million (Dog Bite Liability by Insurance Information Institute, 2016).
Every day, about 1,000 people require emergency medical care for dog bite injuries. The underlying cause of many preventable dog bites is owner negligence. Dog Bite Attorney West Palm Beach emphasizes the importance of holding negligent dog owners accountable.
Preventable dog bites and animal attacks often result from the negligent actions or inactions of dog owners. Some common examples of negligence include failing to:
Under Florida statutes, a dog owner is liable for damages to all “persons bitten.” This law applies to any dog that bites a person in a public or private place, including the owner’s property. Even if the victim is partially negligent in provoking the attack, Florida courts will apportion a percentage of fault to the victim and subtract it from the owner’s total liability. Therefore, dog bite victims may still recover compensation even if they share some fault for the incident.
Florida’s premises liability law requires property owners to warn invitees and other guests of vicious pets, as these animals pose a dangerous condition on the property. Failure to do so makes the owner liable for damages to anyone lawfully on their property, whether performing a legal duty or upon the express or implied invitation of the owner.
At Dog Bite Attorney West Palm Beach, we have successfully assisted victims of unprovoked dog attacks in receiving compensation for their physical injuries, scars, and the emotional trauma caused by these attacks. Our goal is to ensure that victims are fairly compensated for their suffering and losses.
If you or a loved one has been a victim of a dog bite, please contact Dog Bite Attorney West Palm Beach for a free personal injury consultation. Our experienced team is here to help you navigate the legal process and secure the compensation you deserve.
You may have a dog bite case if a dog bit or attacked you and caused physical injuries, scarring, medical expenses, lost income, or other damages.
Florida law generally holds a dog owner responsible when their dog bites someone in a public place or while the person is lawfully on private property. The injured person does not necessarily have to prove that the dog had bitten someone before or that the owner knew the dog was dangerous.
When evaluating a potential dog bite claim, we consider:
Dog-bite cases are fact-specific. An attorney can review the circumstances and determine which parties and legal claims may apply.
The value of a dog bite case usually cannot be determined at the beginning. The amount depends on the severity of the injuries, treatment, long-term effects, evidence, insurance coverage, and whether the injured person is alleged to share responsibility.
Factors that may affect the value include:
Dog bites involving the face, hands, children, permanent scarring, or psychological trauma may have lasting consequences. A settlement should be evaluated only after the current and reasonably anticipated future effects are understood.
Many Florida dog bite lawsuits must generally be filed within two years of the incident. The exact deadline can depend on when the attack occurred, the legal claims involved, the injured person’s circumstances, and the identity of the responsible party.
Different rules or notice requirements may apply when:
You should not wait until the filing deadline approaches. Photographs should be taken while wounds are visible, surveillance footage may be deleted, witnesses may become difficult to locate, and insurance coverage may take time to investigate.
Your conduct may affect the amount of compensation you can recover, but it does not automatically eliminate the claim.
Florida’s dog-bite statute provides that negligence by the injured person may reduce the dog owner’s liability according to the injured person’s percentage of fault. The dog owner may also raise issues such as provocation, trespassing, ignoring warnings, or interacting with the dog in an unsafe manner.
Factors that may be considered include whether you:
The dog owner’s conduct must also be considered, including whether the dog was properly restrained, supervised, or controlled. Do not assume you have no claim merely because the owner or insurer alleges that you contributed to the attack.
Many Florida dog bite cases are handled on a contingency-fee basis. This generally means the lawyer receives an agreed percentage of the compensation recovered through a settlement or verdict.
If no compensation is recovered, no attorney’s fee is generally owed under the contingency agreement. Attorney’s fees and case expenses are different, however.
Potential case expenses may include:
The fee agreement should be in writing and explain the percentage charged, how expenses will be handled, and whether the client may be responsible for costs if there is no recovery. Florida does not require every attorney to charge the same percentage. (The Florida Bar)
Do not accept a dog bite settlement or sign a release until you understand the full extent of your injuries, scarring, future treatment, emotional effects, and financial losses.
Before accepting an offer, consider:
A scar may change significantly while it heals, and the need for additional treatment may not be known immediately. Once a settlement is accepted and a release is signed, the covered claim generally cannot be reopened because the injuries or scarring later prove more serious than expected.
There is no fixed timeline for resolving a dog bite case. Some claims settle within several months, while disputed or litigated cases may take considerably longer.
The timeline may depend on:
Settling before the injuries and scars have sufficiently healed may make it difficult to account for future treatment and permanent disfigurement.
The damages available depend on the injuries, financial losses, evidence, degree of fault, and available insurance coverage.
A dog bite claim may include compensation for:
Medical photographs, treatment records, wage documentation, expert opinions, witness statements, and evidence of permanent scarring may help establish these losses.
Most dog bite claims are resolved without a trial, but settlement is not guaranteed.
A case may proceed toward trial when:
Even when settlement appears likely, the case should be prepared as though it may go to trial. Medical records, photographs documenting how the injuries and scars changed over time, animal-control reports, witness testimony, and insurance evidence may all be important.
Hicks & Motto is a trusted Florida personal injury law firm helping accident victims recover compensation for medical expenses, lost wages, and pain & suffering.
Hicks & Motto
3601 PGA Blvd., Suite 200,
Palm Beach Gardens, FL 33410
Phone: (561) 250-8213
Fax: (561) 697-3852
Email Us @ info@hmelawfirm.com
