Dog bite attorney Miami

You are here: Home » Dog bite attorney Miami

Each year hundreds of individuals are bitten by dogs in South Florida. Although dog bites are generally minor, many victims can have emotional scars and severe injuries. The first thing you must do under these circumstances is seeking medical treatment yet you should not forget to contact a dog bite attorney Miami as well. It’s true that money will not heal your emotional wounds yet you may be able to receive compensation for you and your loved ones. In order to be compensated you have to first file all the required forms with the help of a dog bite attorney Miami. A dog bite attorney Miami can assess your case, negotiating on your behalf, and if things don’t go as plan file and pursue a lawsuit for you.

Florida dog bite law

Since the state of Florida is a statutory strict liability state, a person bitten by a dog is able to recover damages. The victim is compensated through the insurance of the dog’s owner.

According Florida Statute 767.04 “when someone has been attacked by a dog in a public place or lawfully in a private place, the owner is responsible for the damages caused notwithstanding the dog’s viciousness.” However, insurance companies still try to fight these claims. Many homeowners in Florida are eliminating coverage for dogs and sadly they will have independent restrictions on dog bites. Dog owners, in some cases, are also liable for other violent actions of a dog. A Miami injury attorney can discuss your case with you and protect your rights.

Liability for dog bite

When a dog attacks an individual without provocation, the owner of the dog is liable for the damages or injuries the victim may have suffered. It’s not necessary to prove that the dog’s owner did something wrong. Only four things must be proven:

  • The victim was injured or attacked by a dog
  • The defendant or person being sued is the dog’s owner.
  • The victim did not provoke the dog.
  • The victim was acting amiably in a lawful place.

Dangerous Dog Statute

The Florida dog bit statute states that a dog owner is responsible for all injuries if the dog bites someone and the individual is in a public place or legally in a private place. This status is only for dog bites. Nevertheless, if a dog injures someone any other way, he or she may be able to demonstrate the owner’s negligence.

Dog owner liability for dangerous dog attacks

As a dog owner it’s important to understand the laws revolving around injuries and damages caused by a dog. You need to understand how you can protect yourself financially in case your canine companion bites someone. Three fundamental principles will determine if you are liable for the injuries/damages caused by your dog:

  • Strict liability laws: This means that you, as the owner of the dog, are liable for the damages/injuries caused by your dog.
  • One bite laws: In many states you may not be liable for the damages/injuries caused by your dog’s first bite.
  • Negligence: This is when the owner is negligent and this negligence caused someone to be injured.

Exceptions

There are five different scenarios where the dog’s owner is not responsible for the injuries caused:

  • If the person bitten was trespassing, which means the dog owner didn’t know about the trespasser being there.
  • The dog bite victim is a Veterinary Physician; a Veterinary cannot sue the dog owner.
  • If the dog bite victim committed a crime when he or she was bitten.
  • Whether or not the person bitten provoked the dog.
  • Whether the dog was a military or police dog performing a military or police function.

Ways to protect yourself as a dog owner

In order to prevent your dog from biting someone you should take many precautions. Some steps you can take include:

  • Having signs that warn visitors about the presence of a dog at your property.
  • Have tall enough fencing.
  • Always keep your dog in a leash as long as you are in a public place (local leash laws apply in every state)

What to do in case of a dog bite?

The first thing to do is to seek medical help, if the skin is broken. Se the doctor or ER right away so they can administer strong antibiotics to deal with contaminants in the blood. The dog must be tested for rabies, when possible. If the dog testes possible, you need a tetnus shot from your physician. If the dog had rabies shots just keep the site very clean, wash and disinfect the area to prevent further problems and use antibiotic ointment.

Contacting a Dog bite attorney Miami to handle your case

Any time an animal attack or dog bite happens in the state of Florida, the owner of the animal is liable for the damages and injuries caused. This is known as a strict liability standard. The negligence doesn’t need to be proven. Finding legal representation with a Miami injury lawyer is crucial in order to maximize your compensation. Dog bites can cause significant physical and psychological trauma therefore someone qualified should assist you throughout the whole process of filing your case and obtaining compensation for the trauma caused.

Dog bite statistics

It’s estimated that about everyday around 1,000 U.S. citizens need emergency care treatment for dog bite injury. According to the Centers for Disease Control and Prevention, around 4.4 million people a year are bitten by a dog in the U.S.A causing around 885,000 injuries requiring medical attention. A recent study and compilation of U.S. and Canadian press accounts between 1982 and 2014, shows which dog breeds are more responsible for injuries, disfigurement, and deaths:

  • Around 86% of attacks include bodily harm
  • Nearly 81% are incidents with children
  • Attacks to adults are about 89%
  • About 76% of attacks can lead to fatalities
  • Accidents causing maiming are about 86%

Suing for a dog bite

After been bitten by a dog you will most likely be contacted by the owner or insurance company to talk about what kind of compensation you will receive for all the damages/injuries received.

Determining the Responsible Parties

Generally the dog’s owner is responsible for such attacks but third parties can also be found liable if the person was on his or her job, a property owned by someone, third party negligence, or a person such as a dog walker was in charge of the dog.

Gathering Evidence to Support your dog bite claim

The incident must first be reported to the police or local council even when the injuries are not that serious. The victim needs to find out where the dog’s owner lives. Finding out about whether or not the owner has household insurance or pet insurance will also help. Also, you must ask if the dog has bitten in the past or acted aggressively. Telephone a Miami injury lawyer that can help you with your claim and gather the necessary evidence.

Dog bite case on Adults vs. Dog Attacks on Children

Although dog bites are more frequent on adults, they also happen on children. This all depends on breed-related behavior of dogs, parents, children, and dog owners. Children under 10 years old are generally the high-risk group for dog attacks.

Damages can you recover

Among the most common damages received are medical bills, lost of income, pain and suffering, lost of services, multiple and punitive damages. A Miami injury attorney can determine the liability of the dog owner. Contact your attorney immediately after the incident.

Average settlement for dog bite cases

Although every case is different a dog bite settlement is generally based on two things: the compensation estimate of the lawsuit parties, and whether or not the defendant or owner thinks he or she is liable. The circumstances surrounding the claim must satisfy the legal requirements in the state of Florida.

Choosing the right Dog bite attorney Miami

A Miami injury attorney can work with you throughout the duration of your case and rightfully pursue the compensation you deserve. Some of the damages include economic, non-economic, and punitive damages. In many cases, it’s possible to obtain economic damages such as medical bills, deductibles, mileage, loss of income, etc.

Non-economic damages such as pain and suffering, loss of quality of life, emotional trauma, etc. can also be recovered. Punitive damages have more to do with damages caused to property but they can also be recovered. Contact dog bite attorney today to help you handle your case. This can be the differentiating factor in whether or not you are fully compensated.