Clearwater Dog Bite Attorney
Were you or a loved one attacked by a dog?
There are thousands of dog owners in Florida. Not every dog is dangerous,
but some dogs have a greater proclivity to get aggressive and attack than
others. If you or someone you love was bitten or attacked by a dog, you
may be able to bring a lawsuit against the dog's owner for the damages
their dog caused. Our
Clearwater personal injury attorneys are familiar with Florida's dog bite statute and how to build a case
around dog owner liability in these types of cases.
§ 757.04 of the Florida Statutes – Dog Owner's Liability
There are many facets to Florida's dog bite law. We hope in this section
we can break it down so that it's easy to understand.
First of all, a dog owner
can be held liable when their dog bites another person if:
- The attack happened in a public place, OR
- The attack happened in a private place, but the victim was lawfully present
A dog owner
can be held liable regardless:
- Of the dog's former viciousness, OR
- The owner's knowledge of the dog's former viciousness
A dog attack
victim can be held liable or partially liable if:
- Their actions contributed to the attack, OR
- They intentionally provoked the dog
Regardless of Former Viciousness
In some states, dog owners can use the defense that they were unaware their
dog was vicious by showing that the dog had no history of violence or
aggression. In Florida, that is not the case. Former viciousness has no
bearing on determining liability in dog bite cases.
The court will look exclusively at the attack, rather than the dog's
history, when determining fault and appropriate damages.
Warning Sign on the Premises
Under Florida statute, if a dog owner posts a sign either on their dog
or on the property where the dog is contained, and that sign effectively
warns visitors to the premises that the dog is potentially dangerous,
then an attack victim may not be able to sue the dog's owner for any
attack and ensuing injuries that take place. The premises owner must warn
potential visitors to the property "in a prominent place" that
their dog could attack and cause injury.
Most Dangerous Dog Breeds
While all dogs possess unique personalities, there are some breeds that
have been recognized to be more aggressive and which pose a greater threat
to the safety of humans. The most dangerous dog breeds in the United States are:
- Chow Chow
- Doberman Pinscher
- Huskies / Malamute
- German Shepherd
- Pit bull
Due to the fact that these breeds pose an increased risk of attacking,
many communities, apartment complexes and other private locations do not
allow tenants to keep these dogs on the premises.
Contact Roman & Gaynor to Discuss Your Dog Bite Case
If you or someone you care about was bitten or attacked by a dog, and this
occurred less than two years ago, you may be able to file a claim against
the dog's owner to recover financial damages. Contact a
Clearwater dog bite lawyer at our firm today and we will provide you with a free and confidential
case evaluation. Roman & Gaynor passionately pursues justice for victims of negligence.