What Defines Dog Owner Negligence?
Essentially, every state requires dog owners to owe a certain legal duty of care to others in certain situations. If failure to provide that care results in another’s injury, the dog owner may be held liable. For example, if a dog owner knows his pet is high-strung (but doesn’t keep him in a fenced area) and the dog knocks a UPS man to the ground, the dog owner did not take proper precautions to prevent injury and may be held liable for the man’s injuries.
Dog owners should take the following steps to protect from accidents in Florida:
- Put up warning signs about the presence of the dog
- Make sure fencing is tall and secure enough to keep dog contained
- Keep any dog on a leash while out in public
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Filing Dog Bite Claims in Florida
Rules for dog bites can vary from state to state. Florida imposes “strict liability” regarding dog bites. This means that the dog’s owner is liable for almost every injury their dog causes, regardless of whether the owner knew the dog was dangerous or had an aggressive history. It also will not matter whether the dog owner did everything he could to restrain the dog or protect the public from the dog, such as put up warning signs.
Exceptions to strict liability laws are made if a dog bites the following:
- A trespasser or someone on your property without permission
- A person who hits or otherwise acts aggressively toward the dog
If the dog had a history of injury, some states may fine the owner double or triple damages, and in some cases punitive damages to deter further misconduct. Most states have a clear rule concerning pet owner liability. Talk to an experienced Clark Fountain personal injury attorney to learn more about the rules your state follows in pursuing dog bite claims.
For more information about dog bite injuries, reach out to our skilled West Palm Beach personal injury attorneys at (561) 922-0258 today!
