Personal Injury Dog Bite Injury Attorney in Brandon
Under Florida law, dog owners are strictly liable for their dog's actions. If you or a loved one has been bitten, Curry Law Group can help you get the compensation needed to pay your medical bills and recover.
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Florida Dog Bite Strict Liability Law
Under Florida law, a dog's owner can be liable if their dog bites someone who is legally on their property or if their dog bites someone in public. Regardless of the intent, owners of dogs are under strict liability in Florida and are accountable for their dog's actions. In some cases, the dog can be declared "dangerous" and the owner must follow specific requirements including registration, warning signs, muzzle requirements, and supervision by an adult.
When Should You Pursue Legal Action?
Legal action should be pursued when: the owner was negligent in providing care that a prudent person would typically give; the "One Bite Rule" applies — if the dog has a history of biting or attempting to bite it could result in a recovery of damages; or if the dog attack was an intentional act of the owner. A dog's teeth can rip human flesh just as easily as it eats a steak for dinner, causing severe mental and physical damage.
Exceptions to Dog Bite Claims
Sometimes if a dog bites a child, negligence can be found on the part of the dog owner and that of the parent. In these cases, a shared responsibility for the damages can occur. Also, if an easily readable sign with "bad dog" or "beware of dog" is displayed, it can waive liability of the owner. This is only true if the person bit is over the age of 6, and if the dog bite occurs on the dog owner's property.
Get Legal Representation
You will need to tell the dog bite attorney everything that happened immediately before, during and after the attack. Without a very detailed account of the attack, it will be very hard to establish if negligence played a role in the incident. Damages may include medical bills, future medical costs, plastic surgery, skin grafts, physical therapy, and pain and suffering.
Frequently Asked Questions
What if the dog had never bitten before? In Florida, strict liability applies regardless of the dog's history. The one-bite rule is just one of several ways to recover. What documentation should I gather? Photos of injuries, medical records, witness information, and any documentation of the dog's history. How quickly should I contact an attorney? Immediately. Evidence can be lost and statutes of limitations apply.
Contact Curry Law Group Today
If you have been the victim of a dog bite, we invite you to contact The Curry Law Group. We service the entire Tampa Bay Area and would like the chance to represent you. Call 813-653-2500.
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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Resources & Insights
Related Blogs and Articles
Who Is Liable When a Dog Bites Someone in Florida?
Florida law generally places responsibility on a dog's owner when the dog bites someone who is in a public place or lawfully on private property, regardless of the dog's prior viciousness or the owner's knowledge. Liability can be affected by provocation, warnings, trespass, and the conduct of other parties such as landlords or businesses.
Read MoreWhat Compensation Can You Recover After a Dog Bite?
When Florida law permits a claim, a dog bite victim may seek compensation for medical treatment, future care, lost income, reduced earning capacity, pain and suffering, scarring, psychological harm, and damaged property. The amount depends on the severity of the injuries, treatment, permanency, victim conduct, insurance coverage, and strength of the evidence.
Read MoreWhat Should You Do Immediately After a Dog Bite?
After a dog bite, move to safety, wash the wound thoroughly, control bleeding, and obtain medical evaluation. Identify the dog and owner, report the incident to the appropriate local authority, photograph the injuries and location, and collect witness information. Do not delay medical care while attempting to determine whether the owner is legally responsible.
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Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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