Boca Raton Dog Bite Lawyers
Florida’s Strict Liability Dog Bite Law
Florida law gives dog bite victims a significant advantage that many other states don’t offer. Specifically, state law says that a dog owner is strictly liable for any bite injuries their dog causes, even if the dog has never shown aggression before and even if the owner had no reason to believe the dog was dangerous. The “strict liability” law doesn’t require you to prove that the owner knew or should have known their dog might bite someone. It’s distinct from other states’ “one bite rules,” which require you to prove the owner had prior knowledge of the dog’s dangerous behavior before you can hold them liable.
Who the Law Covers
The law applies broadly. It covers bites that occur in public places and on private property, as long as the victim is lawfully present. Guests, delivery drivers, contractors, and visiting family members can all qualify for protection under the law. Persons performing duties required by state or federal law, such as mail carriers, fall under this protection, too.
Exceptions to Strict Liability
The statute does provide a few exceptions, however. If an owner has a clearly visible “Bad Dog” sign displayed on their property at the time of the bite, the owner may avoid liability. The exception holds unless the victim is under six years old or if the owner’s own negligence contributes to the bite.
A skilled attorney can examine the facts of your case and determine whether any exceptions might apply, and whether they hold water under the specific circumstances. Insurance companies sometimes cite exceptions as a defense even when the facts don’t support them, so thorough investigation is key.
A serious dog bite can change your life in the blink of an eye. What starts as a mellow walk in the park or a friendly visit to a neighbor’s home can end with a trip to the emergency room and tough questions about who will pay for your medical care.
Dog bite cases can be more nuanced than you might expect. Florida law offers significant protection to victims, but insurance companies still fight hard to minimize payouts or pin the blame on injured parties. An experienced advocate on your side can make the difference between a lowball settlement offer and the full compensation your injuries warrant.
The Boca Raton dog bite lawyers at Lesser, Landy, Smith & Siegel, PLLC, have spent nearly a century standing up for injured people across Florida, and we know how to hold negligent dog owners accountable. If a dog bite has left you injured, our team can help you explore your options and pursue the recovery you deserve. Contact us now at (561) 367-7799 to get started with your free, no-obligation consultation.
How Florida’s Comparative Negligence Rules Could Affect Your Claim
Florida law also accounts for situations in which an injured person is partially at fault for what happened. This is a rule referred to as “comparative fault” or “comparative negligence.” If you provoked the dog or acted carelessly around the animal, a court may reduce the owner’s liability based on the percentage of fault assigned to you. You can still pursue compensation even if you share fault for the bite, as long as your share of the fault does not exceed 51 percent. However, the compensation available to you will decrease based on your percentage of fault.
The insurance company will likely try to place as much blame as possible on you to reduce how much it owes. An adjuster may argue that you approached the dog too closely, ignored a clear warning, or otherwise contributed to the attack, even if the facts tell a different story. A knowledgeable attorney can push back against unfair tactics and present the evidence necessary to keep the fault allocation fair.
Florida's Filing Deadline for Dog Bite Claims
Florida gives dog bite victims two years from the date of the bite to file a personal injury lawsuit, provided the bite occurred on or after March 24, 2023. Bites that happened before that date fall under a prior four-year deadline. Missing the deadline almost always ends the case, regardless of how strong the underlying facts are.
Florida law recognizes limited exceptions that can shift the deadline in certain situations, including cases with minor victims or claims brought against government entities. An attorney can confirm which deadline applies to your case and whether any exceptions are relevant to your situation.
Dogs with a History of Dangerous Behavior
Special rules apply in cases where an animal has a documented history of aggression. Florida law defines a “dangerous dog” as one that has previously:
- Bitten or attacked a person
- Severely injured or killed a domestic animal off the owner’s property
- Approached someone in a “menacing” manner without provocation
If a dog has been previously classified as dangerous, the owner has to comply with strict legal requirements. For example, they are required to keep the animal in a secure enclosure, purchase liability insurance, microchip and sterilize the animal, and register with the local animal control authority.
If the owner of a dangerous dog fails to meet their obligations and the dog bites someone as a result, evidence of the owner’s violation can strengthen the victim’s case considerably. A history of prior complaints or a formal “dangerous” classification can also support a broader negligence claim against the owner, separate from the strict liability protections already available under Florida law.
Local Considerations for Boca Raton Dog Bite Cases
Boca Raton has its own local ordinances that work alongside state law to protect residents from dangerous animals. Per the city code, any dog running at large within city limits is considered a public nuisance. An owner can face penalties for allowing a dog to run at large, regardless of whether the dog has bitten anyone or whether the owner knew the dog posed a risk.
Local rules can provide additional support for a dog bite case in Boca Raton, particularly if the dog was roaming freely without a leash or other restraint at the time of the bite. A violation of a local leash or nuisance ordinance can serve as further evidence of an owner’s carelessness, which can strengthen your claim alongside the protections already provided under state law.
Dog Bite Injuries
Dog bites can cause a wide range of injuries. The severity can depend on factors like the size of the dog, the location of the bite, and how quickly the victim can access medical treatment. Children, given their smaller statures, frequently suffer more severe injuries than adults would. Beyond the physical harm that can result from a bite, victims can experience intense emotional distress that can persist long after the attack.
Common injuries our lawyers see in Boca Raton dog bite injury cases:
- Deep lacerations
- Puncture wounds
- Avulsions
- Nerve damage
- Infections
- Scarring and disfigurement
- Broken bones
- Crush injuries
- Emotional trauma
Our attorneys build every case around the full scope of your injuries and the losses that follow, so the compensation we pursue reflects what your recovery actually requires.
Compensation for Florida Dog Bite Victims
With a successful dog bite injury claim, you can recover compensation for both the economic and non-economic losses you have suffered as a result of the bite. The full value of your claim will vary depending on the severity of your injuries, the cost of any treatment you need, and the long-term effects on your life. When you work with our Boca Raton dog bite attorneys, we’ll take the time to fully evaluate every aspect of your losses, so your claim accounts for every element of your recovery, including:
- Emergency medical treatment costs and hospital bills
- Costs of surgery or reconstructive procedures
- Ongoing or future medical care expenses
- Lost income from missed time at work
- Reduced future earning potential
- Pain, suffering, and reduced quality of life
What to Do After a Dog Bite
The steps you take after a dog bite can have significant ramifications for both your health and your injury claim. Here’s what you should do to protect yourself:
- Seek medical attention right away, even if your wounds seem minor.
- Report the attack to local animal control.
- Photograph your injuries, the scene, and the dog, if it’s safe to do so.
- Get the contact information of the dog’s owner.
- Identify any witnesses and request their contact details.
- Keep records of all medical treatment and related expenses.
- Avoid giving a recorded statement to the owner’s insurer before speaking with an attorney.
- Contact our Florida dog bite injury lawyers as soon as possible.
Why Choose Lesser, Landy, Smith & Siegel, PLLC?
Our firm has represented injured Floridians since 1927, and that experience is reflected in the results we have achieved over the years. A few things that set our firm apart:
- More than 300 combined years of legal experience
- Hundreds of millions of dollars secured for our clients
- Martindale-Hubbell “AV” rating, the highest distinction for ethics and ability
- Board certifications in civil trial advocacy
We have built our reputation on referrals rather than formal advertising. Clients, friends, and fellow attorneys send us their most important cases because they trust the way we do the work and serve the people we represent. We treat every client like family, and we’ll communicate closely with you throughout your case so you always know where things stand.
From the moment you retain our dog bite attorneys in Boca Raton, we’ll work tirelessly to investigate the facts of your case and identify every possible source of compensation. We will also prepare your claim as though it were headed for trial, even though we can reach a fair settlement without one.
Speak with a Boca Raton Dog Bite Lawyer Today
The dog bite lawyers in Boca Raton at Lesser, Landy, Smith & Siegel, PLLC, devote nearly a century of trial experience and a genuine commitment to client care to every case we take on. When you come to us for help, we’ll investigate the facts carefully and develop the strongest case possible, so we can fight for the full compensation you deserve. Contact us now at (561) 367-7799 for a free consultation to discuss what happened and learn how our team can help you recover.
