If a dog can hurt someone, it’s important to determine the party responsible for the harm the animal causes. It’s important because you must know who to file a claim against if you suffered damages. For example, a common liable party in a dog bite case could include the dog’s owner or handler.
A personal injury attorney can help you hold the negligent party accountable for dog bites in the Tampa Bay area. They can help prove the dog owner or handler owed you a duty of care. Then, they can collect evidence to show they breached their duty, and that led to their dog biting you. Lastly, your attorney could prove you suffered damages, such as medical bills or lost income, because of the dog bite.
Florida’s Dog Bite Laws
Florida Statutes § 767.04 states that the owner of any dog that bites a person while the victim is in a public area or lawfully private place is liable. With that liability, they must pay for damages the victim suffered because of the dog’s actions. The owner of a dog that bites is likely not liable when they warn people coming onto their private property that the dog could act dangerously.
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How To Prove The Liable Party Acted Negligently
To successfully recover compensation against a negligent dog owner, you must prove their negligence caused the dog to attack. Negligence is when someone fails to provide a standard level of care that someone exhibiting prudence would show in the same situation.
When a dog bites you, and you want to seek compensation from the liable party, you must prove they satisfied the elements of negligence. Often, you must provide strong evidence to win a dog bite case against the liable party. By hiring a dog bite attorney, you can get the help you must build a strong enough case based on negligence.
Duty Of Care
Dog owners or handlers owe those around them a duty of care to prevent their dogs from injuring someone else. Examples of a dog owner exercising their duty of care could include:
- Keeping the dog on a leash when taking them on walks
- Neutering male dogs to lower their aggression levels
- Putting a high enough fence around the perimeter of the yard so the dog cannot get out of the fence
- Posting warning signs that they have a dangerous dog if their dog has bitten someone before
These are reasonable expectations of a dog owner to promote a safe environment for their dog and those around the dog.
Breach Of Their Duty
A breach of duty occurs if the dog owner does not uphold a reasonable level of care. For example, the owner must address the issue of the dog regularly jumping the fence and acting dangerously toward others. If they continue allowing the dog to jump the fence and hurt people, they breach their duty of providing reasonable care.
Your attorney could collect evidence to prove the dog owners breached their duty of care. Evidence could include video footage of the dog jumping over the fence, holes in the fence that the dog could get out of, or anything else that could add relevance to the case.
Causation
You must establish a link between the dog owner’s breach of duty and your injuries. For example, providing evidence proving the dog’s owner knew their dog could jump over the fence and failed to take precautions is a start. Then, you must prove you sustained the dog bite injury because the dog had jumped the fence.
Sometimes, it’s challenging to prove causation without proper legal knowledge. A dog bite attorney can help you gather the necessary evidence to prove the owner’s breach caused your injuries.
Damages
You must prove you suffered damages to recover compensation after a dog bite. Recoverable damages are the losses from your injury. The damages dog bite victims can recover vary according to their circumstances. Recoverable damages in a dog bite case could include:
- Medical costs: Your injury would require an emergency room or urgent care visit after a dog bite. If the dog has not received a rabies vaccination, you could undergo a series of shots to avoid developing the disease. The Mayo Clinic states that rabies could cause death if not treated immediately.
- Lost earnings: During your recovery or while going through the series of rabies-preventative vaccines, you could miss time from work. During your time away, you could lose income.
- Pain and suffering: Dog bites can cause significant pain you could endure for weeks or months. You could seek compensation for the pain and suffering you experienced with a dog bite claim.
- Emotional distress: Suffering a dog bite could adversely affect you emotionally. For example, you could develop post-traumatic stress disorder (PTSD) and panic in the future when you see dogs. You might be able to file a compensation claim for this loss.
To prove negligence, you must prove the dog owner’s breach of duty caused your damages. Your attorney could help you prove the correlation between the dog owner’s breach and your damages.
Call Us For Help From A Tampa Bay Dog Bite Attorney Today For A Free Consultation
To hold negligent parties accountable for dog bites in the Tampa Bay area, you can file an insurance claim or lawsuit against them. By filing a claim, you can seek the compensation you deserve for your losses. Negligent parties shouldn’t get away with allowing their dog to hurt other people. Take legal action and hold them accountable. The dog bite attorneys at the Law Offices of Anidjar & Levine can help.
Contact us today for a free consultation. We can explain your rights as an injury victim after a negligent dog owner causes your injuries. Our dog bite legal team of compassionate attorneys provides responsive communication and trusted legal care. We have helped many people in the Tampa Bay area help injured people hold negligent parties accountable after suffering from a dog bite injury.
