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A dog bite can be scary and painful, but it can also leave you wondering what comes next. Is this something the law considers serious enough for a claim? Can you recover damages, or is it just a medical issue to handle on your own? In Florida, these questions aren’t always straightforward. The law treats dog bites differently than many people expect, and what looks like a minor injury to one person can carry legal implications for another.
More than half of dog bite victims are children, highlighting the prevalence and seriousness of these incidents.
What to Do if a Dog Bites You
Here are some things you need to do immediately after a dog attack:
- Get medical care quickly. Even small punctures from a dog’s teeth can lead to infection. Tell providers it was a dog bite so they can document and treat the injury properly.
- Report the incident to animal control or law enforcement. An official report helps track vaccination status and creates a neutral record that supports your claim later.
- Identify the owner and any witnesses. Ask for names, phone numbers, addresses, and the dog’s vaccination history.
- Document injuries and recovery. Take photos of wounds from the first day through healing, keep all receipts, track missed work, and save messages with the owner or insurer.
- Avoid giving recorded statements. Insurers may push for quick statements or releases. Politely decline until you speak with an attorney.
- Do not post details online. Social media can be taken out of context and used to argue you are not injured.
Dog Bite Laws in Florida
Under Florida state law, dog owners are strictly liable as the person responsible for a dog bite victim’s damages if the victim was in a public place or lawfully on private property when the incident occurred, regardless of whether the dog had shown aggression before. This means that dog owners are responsible for compensating the victim, and in most cases, the dog owner’s insurance company pays these damages. Florida’s approach is different from the “one-bite rule” or ‘free bite’ rule used in some states, where a dog owner may not be liable unless the dog has previously bitten someone or shown dangerous tendencies. Dog bite laws are a subset of personal injury laws, and a dog bite claim is considered a type of personal injury case.
While this means that dog bite lawsuits in Florida highly favor the victim, it’s important to understand that it does not mean automatic payment in every case.
Common Defenses in Dog Bite Lawsuits
As mentioned previously, dog bite victims must have been lawfully on the property where the bite occurred for strict liability to apply. For example, delivery drivers, mail carriers, and invited guests are typically “lawfully” present, whereas someone who jumps a fence or enters a posted, restricted area often is not. Other defenses include:
- Provocation: If the victim teased, struck, or otherwise provoked the dog prior to the bite, an owner might not be liable.
- Warning signs: If an owner prominently displays a warning sign on their property, such as “Beware of Dog,” they may avoid liability for a bite that occurs there (although this defense does not apply if the victim was a child under the age of six).
- Aggressive behavior: Evidence of a dog’s prior aggressive behavior, such as biting, scratching, or knocking someone over, may be investigated by animal control and can impact liability.
The concept of comparative negligence may apply in some cases. What this means is that even in situations where a dog owner might not be fully liable (like where the victim provoked the dog by yelling at it or its owner before it attacked), the injured party can still file a lawsuit. However, their injury compensation may be reduced.
Victims typically must file a claim within the statute of limitations, which is a legal deadline for taking action. Failing to act within this period can prevent the injured party from seeking compensation. Evidence of aggressive behavior may also affect liability in these cases.
How Bad Does a Bite Have to Be to Consider Legal Action?
Florida law does not set a minimum injury threshold for dog bites. There is no hard rule about how severe a bite must be before you can consider a lawsuit. However, victims may pursue legal action if dog bites lead to severe injuries, serious injuries such as lacerations, muscle tears, or scarring, or psychological injuries, including emotional trauma. What matters is whether the bite caused losses the law recognizes and occurred while you were lawfully present.
Non economic damages, such as pain and suffering or mental distress, may be available in addition to compensation for medical costs. The legal process typically begins with filing an insurance claim against the dog owner’s policy; if a fair settlement cannot be reached, you may decide to sue for a dog bite in court. Understanding the legal process and your rights is crucial when deciding whether to pursue legal action.
In practice, it’s a good idea to reach out to a Florida dog bite lawyer if you received medical treatment, have ongoing pain or swelling, developed an infection, experienced scarring or disfigurement, missed work, or face emotional distress that requires therapy. Even injuries that initially seem minor can have lingering effects, and a dog bite injury attorney can help determine whether your situation is likely to support a lawsuit. Most attorneys offer a free case evaluation or free legal consultation to help you understand your options and potential for compensation.
The Importance of Evidence In Dog Bite Cases
When it comes to dog bite cases, the strength of your evidence can make all the difference in the outcome of your dog bite claim. Dog bite victims should act quickly to gather and preserve any proof related to the attack. Start by taking clear photographs of your injuries as soon as possible, and continue documenting the healing process over time. Collect contact information and statements from anyone who witnessed the dog attack, as their accounts can help establish exactly how the incident occurred.
Medical records are especially important — they not only show the extent of your dog bite injuries, but also link those injuries directly to the dog bite. Be sure to keep copies of all medical bills, treatment notes, and any recommendations for follow-up care or therapy. If possible, obtain documentation about the dog’s vaccination status and ownership, as this can help prove liability and may be relevant for your recovery.
The more thorough your evidence, the stronger your legal claim will be. Proper documentation can help demonstrate the severity of your injuries, the circumstances surrounding the attack, and the responsibility of the dog owner. This, in turn, increases your chances of receiving fair compensation for your medical expenses, lost income, and emotional distress.
Should I Hire an Attorney For a Dog Bite?
Even though Florida’s strict liability law makes it easier to pursue a dog bite claim, an attorney can still be crucial for protecting your rights and ensuring full compensation:
- Proving the circumstances: A lawyer helps document that the bite occurred while you were lawfully present and addresses any potential defenses, like provocation, trespassing, or warnings, that could affect your recovery.
- Documenting damages: A lawyer helps make sure medical bills, lost wages, scarring, pain, and emotional impacts are fully recorded.
- Handling insurance negotiations: Even when liability is clear, insurers may try to minimize payouts. An attorney can advocate for a fair settlement.
- Preserving evidence and meeting deadlines: Lawyers ensure injury photos, witness statements, and medical records are collected promptly and claims are filed on time.
- Navigating sensitive situations: If the dog belongs to a friend or relative, an attorney can help manage the claim without straining relationships.
In most dog bite incidents, the dog owner’s insurance company is the first place dog bite victims turn to seek compensation for their injuries. Homeowners’ or renters’ insurance policies often provide coverage for dog bites, which means the insurance company will step in to investigate the claim and determine whether the dog owner is liable for your damages. A skilled dog attack lawyer can negotiate with the insurance company on your behalf, ensuring that your dog bite claim is taken seriously and that you receive a fair settlement. If the insurance company denies your claim or refuses to offer adequate compensation, your attorney can help you file a dog bite lawsuit to pursue the full amount you deserve.
Even with strict liability, having a lawyer helps make sure your case is fully supported and that you receive the compensation you deserve. They guide you through the process, protect your interests, and handle potential complications so you can focus on recovering from your injuries.
If You’re Unsure Whether You Have a Dog Bite Case, Ask Levin Litigation
Not every incident demands a lawsuit, but if you sought medical care, missed work, or are dealing with scars or anxiety, a short conversation with a lawyer can help you decide what to do next. Levin Litigation can review how the bite happened, explain defenses like trespassing or provocation, and determine whether filing a lawsuit should be your next step. Contact us today for a free consultation.
