Dogs are truly man’s best friend. They are often faithful companions, standing by their owners’ sides through good times and bad. Yet dogs can also be vicious, causing serious injury or even death in attacks.
Under Florida’s new “dangerous dog” law, people who own dogs that have been deemed dangerous will be required to carry $100,000 in liability insurance. They must also take other steps, such as securely confining the dog. If you are attacked by a dangerous dog, you can file a lawsuit against the owner for your losses. Our Vero Beach personal injury lawyers can help you get maximum compensation for your injuries.
Gould Cooksey Fennell represents clients throughout Florida’s Treasure Coast region who have been hurt in all types of accidents, from car crashes to slips and falls. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation, contact our law firm today.
When Can You File a Lawsuit for a Dangerous Dog Attack?
In Florida, dog owners are strictly liable for injuries that their dogs cause, including bites and other types of injuries. Strict liability is a legal concept that essentially means that the injury victim does not have to prove that the at-fault party did anything wrong. This makes it easier to recover compensation in a personal injury claim because you just have to show that a dog harmed you while you were either in a public place or lawfully in a private place.
Under this law, owners can be held responsible for bites and other injuries even if the dog had never bitten or attacked someone before. This contrasts with the “one-bite” rule that some states have, where dog owners are only liable if the victim can show that they knew that their dog might be dangerous.
In some cases, it may also be possible to bring a claim against someone who isn’t the dog’s owner. These cases are based on a theory of negligence (carelessness) instead of strict liability. This means that you will have to show that the at-fault party (such as a dog walker) was somehow responsible for what happened. To win this type of case, you will need to prove that the person was responsible for the dog when the attack happened and that their failure to take reasonable steps to protect people from the dog caused your injuries.
Even in a strict liability claim, it is possible for the dog’s owner to defend against the lawsuit. This may include one or more of the following defenses:
- The dog bite victim was negligent in some way, such as by startling or provoking the dog. In this situation, the victim’s compensation will be reduced by the percentage that they were at fault for the attack.
- The owner displayed some type of warning sign about the dog (except in cases involving victims under the age of 6 or where the owner’s negligence contributed to the victim’s injuries).
- The victim was trespassing. If the victim was not legally on private property, then they cannot file a lawsuit against the owner.
Florida’s new dangerous dogs law, known as the Pam Rock Act, does not change this basic standard for filing a personal injury lawsuit for a dog attack. However, it does require the owner of a dangerous dog to carry $100,000 in liability insurance, which means that there may be more money available for compensation in a dog bite case. It also subjects owners of dangerous dogs to enhanced criminal penalties if their dog hurts someone.
Compensation and Settlements in a Dog Attack Lawsuit
In any Florida personal injury case, you may be entitled to three types of compensation (known as damages) for your losses. This may include economic damages, non-economic damages, and punitive damages. Together, economic and non-economic damages are considered compensatory damages because they compensate a victim for their losses.
Economic damages pay for a victim’s direct financial losses. This may include money for things like property damage, lost wages, reduced earning capacity, medical bills, and future medical expenses. For example, if a dog attack caused bite injuries that required you to take time off work for surgery and recovery, you could get money not only for your medical bills, but for the wages that you lost while off work.
Non-economic damages pay for your intangible losses. In dog bite cases, noneconomic damages can be quite significant because a dog attack can be incredibly traumatic. These damages pay for things such as pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement.
Finally, punitive damages may be awarded in more unusual cases where the at-fault party acted intentionally or recklessly. Under Florida’s new dangerous dog law, punitive damages may be more readily available because owners of dogs that have been deemed dangerous have a greater responsibility to keep others safe from them. In Florida, punitive damages are capped at the greater of 3 times compensatory damages or $500,000.
Typically, dog attack claims are paid by the owner’s homeowner’s or renter’s insurance company. Most cases are settled outside of court. Under the new dangerous dog law, there may be an additional avenue for recovery – $100,000 in required liability insurance. Your Vero Beach dog attack attorney can help you understand your rights when it comes to compensation for a dangerous dog claim.
When Is a Dog Considered Dangerous?
Under the Pam Rock Act, a dog may be considered dangerous if it bites or attacks a person without provocation, causes a severe injury, menacingly chases or approaches someone in public, or kills or severely injures another domestic animal away from its owner’s property more than once. This designation is not based on breed, but on behavior. Anyone can file a complaint about a dangerous dog to the local authorities.
If you are attacked by a dog, you may be able to file a lawsuit against its owner or a third party, even if the dog is not considered dangerous. Our law firm can help you get maximum compensation for your injuries. Contact Gould Cooksey Fennell today to schedule a free initial consultation with a Vero Beach dog attack lawyer.
Can You File a Claim Against a Friend or Family Member for a Dog Attack?
In most cases, people spend the most time around dogs that are owned by people that they know, such as friends or family members. If you are attacked by a loved one’s dog, you can still file a lawsuit against them. This claim will be made against their homeowner’s or renter’s insurance policy, not against them directly.
It may seem strange to file a claim against a loved one, but the reality is that it may be the only way that you can get compensation for your injuries. It is also the reason why people have insurance: for situations just like this. Contact Gould Cooksey Fennell today to schedule a free consultation with a Vero Beach dog attack attorney.
Help for Dog Attack Victims
When you are attacked by a dog, you might be left with lasting physical and emotional scars. You may also suffer significant financial losses. While a lawsuit won’t make it all go away, it can help to provide financial stability so that you can focus on your recovery. Our law firm can advocate for you to help you get the compensation that you deserve.
At Gould Cooksey Fennell, we are dedicated to helping accident victims get top dollar for their personal injury claims. We explore every avenue for recovery, including seeking money from multiple insurance policies when a client has been attacked by a dangerous dog. If you have been hurt in a dog attack, reach out to our law offices by calling 772-758-8595 or filling out our online contact form. Initial consultations with an experienced Treasure Coast dog bite attorney are always free of charge.
