In a state where warm weather and sunshine is common almost year-round, it is not uncommon to encounter dogs in public venues such as parks, beaches, restaurants, and stores. While dogs can bring joy to many, there is also the potential for unfortunate incidents, such as dog bites.
If you have been bitten by a dog, reach out to a dog attack attorney from our firm to know your rights. Dog bite liability in Sarasota can be complicated, but our lawyers are here to help you navigate the legal process.
Under Florida Statutes § 767.04, a dog owner is held “strictly liable” for a dog bite. This means that no matter the circumstances, such as knowledge of a dog’s aggressive nature or history of biting, the owner will be legally liable for the harm resulting from their dog’s bite.
With that said, comparative negligence can reduce the potential damages recoverable by the victim of a dog bite. Florida Statutes § 768.81 establishes that if an injured party’s own negligence contributed to their harm, their potential recovery is reduced by the percentage of fault attributable to them. These legal principles can result in confusion for those prosecuting and defending dog bite cases. Given such complexities, it is important to consult with the experienced Sarasota dog bite attorneys at Dannheisser Injury Law to fully understand both the strengths and weaknesses of a potential claim or defense.
While Florida law protects the victims of dog bites by imposing strict liability on the dog owner, there are some exceptions. For example, a dog owner may not be held legally responsible for a dog bite when the person bitten was on the owner’s property illegally—like trespassing or breaking and entering.
The dog owner can also demonstrate that the victim was clearly warned about the potential for a dog bite, such as with an appropriate sign on their property. However, it is important to understand that while a “Beware of Bad Dog” sign may potentially compromise a claim for a dog bite injury, children six years and younger who are bitten on a property with a warning sign can still pursue their claim under a strict liability theory.
Historically, the victim of a dog bite had four years from the date of the incident to file suit. However, the Florida Tort Reform Act of 2023 recently reduced the statute of limitations for negligence-based personal injury claims, including dog bites, to two years. This means that if someone has suffered a dog bite, they must act quickly to protect and pursue your legal rights to recovery.
It is also important to act quickly, as evidence like potential eyewitnesses whose testimony could be crucial to a case becomes harder to track down after time. An experienced Sarasota dog bite attorney understands the optimal time to proceed with legal action in order to prove liability.
If you have been injured as the result of a dog bite, understanding Florida dog bite law is the first step in obtaining peace of mind. The experienced dog attack lawyers at Dannheisser Injury Law understand the mental and physical impact of dog bites on the victims as well as the dog owners. Contact us today to discuss dog bite liability in Sarasota today.
