As of 2024, approximately 45.5% of households in the United States own a dog, and the households that own dogs own more than one dog on average, according to the American Veterinary Medical Association. Dog bites are a serious public health issue: approximately half of all children aged 12 and younger have been bitten by a dog, and dog bites are one of the most common causes of child visits to the emergency room according to a recent study.
It’s important to remember that dogs are still animals that can act unpredictably. It is not the dog’s fault; it is the owner’s fault. Irresponsible dog ownership causes dog bite injuries, and those injuries are physically painful, scarring, and traumatizing.
The Tampa dog bite lawyers at Diaco Law are here to hold irresponsible dog owners accountable when their dog hurts another person. Call us at (813) 221-7978 to schedule your free consultation with one of our Tampa dog bite lawyers.
How Diaco Law Can Help
The Tampa dog bite attorneys at Diaco Law are here to help you recover after another person’s dog hurts you or a loved one. When you retain us, our attorneys are committed to maximizing your compensation, and here are just a few ways we do that:
- We will negotiate with the insurance company so that you do not have to handle that stress.
- Our Tampa dog bite attorneys will contact experts on animal safety and medical experts to demonstrate how the dog owner’s negligence hurt you or your loved one.
- We do not require an upfront payment, and you only pay us after we win.
- Our Tampa dog bite injury lawyers are well-versed in the law and are prepared to fight for you at every step from the initial investigation to a jury trial if necessary.
Dog Owners Are Legally Responsible for Their Pets
Under Section 767.04 of the Florida Statutes, the owner of any dog that bites any other person in a public place or who is lawfully in a private place is strictly liable for the injuries caused by the dog bite. It does not matter if the dog has previously acted viciously or if the owner knew that the dog was vicious.
Under the statute, a dog’s owner is liable for the injuries caused by the dog bite if the bitten person was lawfully on the dog owner’s property. The person is lawfully on private property in the following situations:
- A person is lawfully on private property whenever they are invited on the property; or
- The person is on the private property to perform a duty imposed on him by the laws of Florida, the laws of the United States, or any regulations set forth by the United States Post Office.
When Are Dog Owners Liable?
Responsible pet ownership means taking proactive steps to ensure that both the pet and other people are kept safe. Irresponsible dog owners are responsible for the damage their dog causes to other people. Here are a few common steps that pet owners can take to keep other people safe:
- Supervision: Unattended dogs pose a danger to those around them–especially children–and owners are responsible for closely monitoring their dogs in public places.
- Leashes & Containment: Owners must always use a leash when you take a dog into a public place. At home, they must ensure their yard is adequately fenced if a dog is allowed to run free.
- Recognize the Warning Signs: Owners who fail to understand their dog’s body language and how it displays stress, fear, or aggression are an enormous cause of dog bites. Failing to immediately remove the dog from situations that may trigger aggressive behavior is negligent.
How does Florida’s modified comparative fault impact dog bite cases?
If a dog bite victim is found to be negligent, the dog owner’s liability is reduced proportionately to the percentage of negligence assigned to the victim. After the enactment of TORT Reform in March 2023, Florida became a modified comparative fault state. This means if a victim is found any more than 50% responsible for the incident, they cannot make a viable claim for compensation.
If the court assigns a victim less than 50% responsibility, say 30%, their compensation would be reduced by 30%. For instance, if they were granted $100,000 in damages, they would only receive $70,000 after the 30% reduction.
Are there any exceptions to a dog owner’s liability in a dog bite case?
A dog owner may not be deemed liable if they have a clearly displayed sign including the words “Bad Dog” or “Beware of Dog,” though this defense doesn’t apply to victims under 6 years old. Liability also does not apply if the victim was trespassing on the owner’s private property when bitten.
How long do I have to submit a claim following a dog bite incident?
In March 2023, Florida’s Tort Reform decreased the Statute of Limitations for negligence claims, including dog bite cases, from 4 years to 2 years. This means, you now have 2 years from the date of the dog bite incident to file a claim for your injuries.
Call The Tampa Dog Bite Lawyers at Diaco Law Today
Dog bites are traumatizing for their victims and can have lifelong consequences such as physical scarring, mental health problems, nerve damage, and in the most severe cases, death. Our Tampa dog bite attorneys are here to take a stand for those who are victimized by negligent dog owners and will fight to ensure they receive every penny they deserve.
To schedule your free consultation, call us at (813) 221-7978. You can also contact us by filling out our contact form, which you can find linked here.