Dog bites are a specific class of personal injury claim that are governed by certain rules in determining who is liable for damages following a canine attack. While many states have a “one bite” rule that allows a defense by the dog’s owner when a case goes to court, the state of Florida does not make such allowances. Any dog bite could potentially be a recoverable injury in Florida given all of the material facts in the case. There are a few instances where an injury claim could be dismissed if certain benchmarks are not met. That is why it is important to have an experienced dog bite injury lawyer representing the case who understands what could disqualify a claim. The question then becomes, “Is there a Miami injury lawyer near me who knows what to do?”
Trespasser Dog Bite Injuries
One of the first defenses a dog owner or property manager may claim is that a plaintiff was actually trespassing at the time of the bite. Florida dog bite law requires that any claimant be occupying the property legally before a claim can be valid. No trespassing signs are not necessarily needed for an injured plaintiff to be determined as illegally occupying the property at the time of bite, as many times direct authority to enter a property is not given. Just as any other personal injury claim, the factors that led to the injury can make a major difference. This often results in contending versions of what actually transpired unless both parties agree the victim was legally in the proximity of the dog. Contact an injury lawyer at Shamis & Gentile, P.A. if you are suffering from a dog bite injury.
Bad Dog Exception
Another condition that is unique to the state of Florida involving dog bite cases is the “bad dog” warning. Dog owners may be exempt from liability for a dog bite injury if the property has a posted warning concerning the dog, even if it is a known fact that the dog is vicious or has bitten someone before. In addition, there is no recovery unless the injured claimant is over six years of age and the bite occurred on the dog owners posted property. Children under six years of age are not held to this standard, so a bite to a child could automatically be a claimable injury.
Personal Assumption of Risk
Comparative negligence is another defense a dog owner may claim when being sued concerning a dog bite. Any personal injury lawyer in Miami will evaluate whether the bite was actually the fault of the claimant if there is evidence of animal provocation. This question concerns the extent to which the injured party contributed to the cause of their own injury. Florida uses pure comparative negligence law which allows claims to be discounted according to the comparative negligence percentage of the injured party, so any dog bite could potentially result in the owner being held liable for the injury to some degree.
Contact a Miami Injury Lawyer
Anyone injured by a dog bite should call an injury lawyer in Miami Florida for a full evaluation of your potential claim. Shamis & Gentile, P.A. can help you if you’re suffering from any kind of personal injury. Contact an injury lawyer from South Florida Injury Attorneys today!