According to the Florida Department of Health, there are over 600 Floridians hospitalized due to dog bites each year in our state, and often, these dog attacks can have a serious impact on an attack victim’s life from both a physical and emotional perspective. Moreover, as any personal injury attorney in Spring Hill, FL, knows, dog attacks can also have a severe impact on you financially due to the cost of treating both your injuries from the attack and the numerous diseases a dog can transfer to a human through a bite, and unfortunately, dog attacks have become a serious problem in Hernando County specifically.
Although Hernando County has a small population compared to many counties in Florida, there were 313 emergency department visits due to dog bites in 2017. This means that there were more emergency department visits due to dog bites in Hernando County that year than there were in Gulf, Hamilton, and Hendry county combined. Consequently, there are few things about dog bites in Florida that you should be aware of such as:
- The various dog bite laws that have been enacted in the state of Florida.
- The types of injuries you can sustain as a result of a dog bite or attack
- The types of damages you can seek compensation for after being involved in a dog attack
Dog Bite Laws in the state of Florida
The statutes governing dog bites in Florida impose strict liability on pet owners for damages sustained by a person or another animal due to the actions of their dog. Specifically, F.S.§767.01 states that a dog owner is liable for any damages done by their dog to another person, domestic animal, or livestock. The exact definition of “domestic animal” is defined in F.S.§585.01 as:
|
|
Moreover, F.S.§767.04 expands upon a dog owner’s liability even further by stating that a dog owner is liable for damages caused by their pet(s) regardless of whether they are aware of their dog’s level of viciousness or not, but a dog owner’s liability does have some limitations. For example, F.S.§767.04 indicates that a dog owner is only liable for damages incurred by an attack victim that is:
- Legally on private property or in a private place
- Legally on public property or in a public place; or
- Legally on a pet owner’s property
Bad Dog Signs in Florida
There are certain steps that pet owners could take to limit their liability in connection with dog bites that occur on their property. Pursuant to F.S.§767.04, a dog owner is not liable for damages you incurred as a result of a dog bite on their property if the dog owner had a sign with the words “bad dog” displayed on their premises, but the sign also needs to be easy to read and displayed in a prominent place for this provision of the statute to take effect. Moreover, a pet owner cannot use this portion of F.S.§767.04 as a defense if the attack victim was under 6 years old at the time of the attack or if the dog bite was proximately caused by a negligent act or omission on the part of the pet owner.
Dog Attack Injuries
The injuries you or your loved one could sustain as a result of a dog attack can vary significantly depending on the severity of the attack and the size and breed of the dog involved. Some of the most common injuries sustained by dog bite victims include deep lacerations, broken bones, and severed skin. Normally, you should be able to recover from these injuries without issue. However, there are several diseases that a dog can transmit to humans through a bite that can be dangerous and life threatening. In fact, according to the Florida Department of Health, two people on average are killed due to dog bites every year in Florida, and according to the Center for Disease Control, one out of every five dog bite victims require medical attention.
Consequently, you should always seek medical attention for your external injuries after being bitten by a dog and get tested for the following diseases and bacteria that can be transmitted through a dog bite:
- Rabies
- Capnocytophaga bacteria
- Tetanus
- Pasteurella
- MRSA (A type of staph infection)
What Types of Damages can a Dog Bite Victim be Compensated For?
In order for you to successfully execute a dog bite claim in a court of law, you have to be able to demonstrate that you sustained legally recognized damages as a result of the attack. There are two broad categories of damages in personal injury cases, including dog bite claims, compensatory damages and punitive damages. Punitive damages are awarded to punish a defendant and deter them from repeating their behavior in the future, rather than compensate an accident victim, but pursuant to F.S.§768.72, you can only be awarded punitive damages if the trier of fact, which is a judge or a jury, in your case finds that the dog owner’s actions rose to the level of gross negligence or intentional misconduct. As such, punitive damages are typically only awarded in the most egregious dog bite cases.
In contrast, compensatory damages or actual damages refer to damages that are awarded to compensate a dog bite victim for the effect the attack had on their life from both a physical and emotional perspective. Compensatory damages can be divided into two subcategories, economic and non-economic damages. Economic damages are awarded to compensate you for things such as:
- Medical Bills
- Lost wages
- Future medical care
- Medical equipment
- Medications
Usually, the amount of economic damages you have incurred or will incur as a result of a dog attack can be quantified with a certain degree of accuracy through the presentation of documentary and testimonial evidence. Non-economic damages, however, are awarded to compensate you for the impact the dog attack had and will have on your life, and they are more difficult to quantify by nature. Non-economic damages compensate you for things such as:
- Pain and suffering
- Mental anguish
- Scarring and physical impairment
Dog Bite Attorney in Spring Hill, FL
If you or a loved one has been bitten or attacked by a dog, you need to hire a dog bite attorney that will aggressively pursue your case in a court of law and protect your legal and financial interests. At Elkin-Peck PLLC, our dog bite attorneys have helped attack victims throughout Spring Hill and Hernando County seek the compensation they deserve for their injuries, and they are ready to start working on your claim immediately. So, call our office today to schedule a free consultation and find out how our dog bite attorneys can help you.
