Practice Area Reference

Dog Bite Liability Under Florida Law

The dog injury statutes under Florida law impose strict liability on the owners of any dog that bites or attacks another person even if the owner had no reason to believe that the dog was dangerous. The Florida legislature considered this remedy as necessary, but it also recognized the strict liability standard to be rather harsh. The legislation was intended to limit the types of defense available to the dog's owner to escape paying for the damages.

Under Florida Statute Section 767.01, "Owners of dogs shall be liable for any damage done by their dogs to a person..." under a strict liability standard that does not require any showing that the owners knew of the dogs dangerous propensities to attack or bite a human being.

Under Florida Statutes Section 767.04, "the owner of any dog that bites any person while such person is on or in a public place... is liable for damages suffered by persons bitten...."

If any dog does any damage to either the body or property of any person, the owner or keeper, or, if the owner or keeper is a minor, the parent or guardian of such minor, shall be liable for such damage, except when such damage has been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, was under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.

Anyone who owns or keeps a dog is held strictly liable under our law for any damage caused by the dog, irrespective of whether the owner or keeper was negligent in controlling the dog. The statute is Sec. 22-357, and the relevant portions of the statute state:

"If any dog does any damage to either the body or property of any person, the owner or keeper . . . shall be liable for such damage, except when such damage has been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog."

A "keeper" of a dog means someone other than the owner who harbors or has possession of any dog.

The statute creates two exceptions to this rule of "strict liability." The first is that the statute exempts from liability the owner or keeper whose dog does damage to a person who was committing a "trespass or other tort." The word "tort" means a wrongful act. "Committing a trespass or other tort" means more than merely entering on the property or in the area where the dog was, but rather entering to commit an injury or a wrongful act. This means such wrongful acts committed against the person or property of the owner or keeper or her/his family, or similar wrongful acts, against which the dog, with its characteristic loyalty, would take defensive or protective action, or those if committed against the dog as would likely excite it to use its natural weapons of defense.

The second exception applies if you find that plaintiff was "teasing, tormenting, or abusing" the dog. Teasing, tormenting or abusing a dog means engaging in actions that would naturally annoy or irritate a dog and provoke it to retaliation. Such actions are those of such a nature as would naturally antagonize the dog and cause it to attack and which are improper in the sense that they are without justification.1 Playing with the dog in a friendly manner does not fall within the definition of "teasing, tormenting, or abusing" the dog.2

So the elements that the plaintiff must prove are 1) that the defendants were the owners or keepers of a dog, 2) that the dog did, in the language of the statute, "any damage to . . . the body or property" of the plaintiff, and 3) that neither of the exceptions applies.

Money Damages for Personal Injuries Cause by Dog Bites Under Florida Law

Florida law provides for money damages in certain cases for dog bite injures which can include compensation for the following:

• medical bills;

• pain and suffering;

• humiliation;

• embarrassment;

• mental anguish;

• loss of the capacity for the enjoyment of life;

• loss of consortium claims; and

• future medical bills.

Defenses to Strict Liability Applies to Both Statutes

After a dog bite case, it is important that your personal injury attorney fully investigate the case to preserve all of the evidence including pictures of your damages and medical records. Your attorney will also want to preserve evidence to show that the plaintiff did not contribute to the injuries by provoking the dog or that the dog owner did not warn the plaintiff of the dog's potential to attack through a "bad dog" sign displayed on the property.

The Bad Dog Sign Defense

The "bad dog" signage defense is an affirmative defense and the burden is on the defendant to assert and prove the defense. This defense provides that a dog owner is not liable for personal injury claims for injuries that occurred on the dog owner's property if at the time the injury occurred, the owner displayed in a prominent place an easily readable sign that says "Beware of Dog." The defense does not apply if the dog bite or attack hurt a child under the age of six (6) years old.

Defense of Comparative Negligence - Provocation Defense

The provocation defense basically means that the dog owner should not be held liable for the damages to the extent that the plaintiff's negligence caused the injury. The theory behind this defense is that if the plaintiff knowingly and voluntarily risked being injured by the dog then the strict liability rule should not apply. For instance, if the plaintiff did any of the following: kicked, hit, pushed, taunted, or otherwise provoked the canine into reacting then the plaintiff's damages should be reduced by the same percentage that the plaintiff's negligence was responsible for the damages.

The case law is well-settled that under the dog bite statute a comparative negligence standard applies under which “any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident.”

The Provocation Defense Applies to Both Florida Dog Bite Statutes

Defenses for “comparative negligence” are not explicitly found in Florida Statute 767.01, which was adopted long before the dog bite statute. In fact, the Courts have consistently held that the defenses contained in Florida Statute Section 767.04 apply equally to claims under Florida Statute Section 767.01. See e.g., Kilpatrick v. Sklar, 548 So. 2d 215, 74 A.L.R.4th 1111 (Fla. 1989); Staniszeski v. Walker, 550 So. 2d 19 (Fla. 2d DCA 1989).

The previous version of Fla. Statute Section 767.04 provided that “no owner of any dog shall be liable for any damages to any person or his property when such person shall mischievously or carelessly provoke or aggravate the dog inflicting such damage.” (emphasis added). This same defense of “provoke or aggravation” of the dog is included within the comparative negligence standard referenced in the current version of the statute. Referring to the prior defense of aggravation and provocation, the Court in Donner v. Arkwright-Boston Manufacturers Mutual Insurance Company, 358 So.2d 21 (Fla. 1978), stated that “the legislature apparently felt that good morals dictated that if a person kicks, teases, or in some other way provokes the dog into injuring him, he should not be compensated.” Id. at 24.

Statutory Limitations on Liability for Dog Bite Cases

In the following types of dog bite cases, statutory defense under Florida law act to limit liability, including:

• protections for veterinarians or other veterinary clinic employees;

• individual employed by animal control services or recognized animal shelters working with stray dogs;

• state or local municipality employees working within the scope of their employment;

• state or local law enforcement officers that use dogs for law enforcement of correctional purposes or training;

• service dogs being used to provide assistance to a person with a medical disability;

• dogs that attack a person involved in criminal activity such as a burglary or robbery;

• dogs that are on a leash and under control;

In certain cases, the person injured may seek to recover damages from someone other than the owner of the dog. In those cases, the strict liability statute does not usually apply. Instead, the negligence standard generally applies. Under the negligence standard, the dog's known propensities may become an important issue in the case. In other words, if the defendant knew that the dog was dangerous, then that knowledge can create some duty on the person's part to protect other people that come into contact with the dog.

Warning signs that the dog may be dangerous can include warning signs such as previous dog bites or attacks, barking at strangers or guests in the home, jumping up on people, frightening individuals, complaints about the dogs, or fighting with other dogs.

When a person falls down, slips, or trips due to the negligence of another individual or business, a slip and fall injury has occurred. A Slip and fall accident can happen while walking on a slippery floor containing spilled liquids or tripping on a faulty sidewalk. However, a fall that occurs in a valid slip and fall accident case must be due to the negligence of someone else.  According to Florida Premises Liability law, anyone who owns or is legally responsible for a residence, business or governmental property is legally accountable for any injuries that occur on said property due to negligence or faulty construction. (Faulty construction is a form of gross negligence.) Dylan M. Snyder, P.A. slip and fall accident lawyers have the necessary expertise to relentlessly fight for clients who wish to receive compensatory monetary damages by filing slip and fall lawsuits.

Common causes of slip and fall accidents

• Slippery or uneven sidewalks, cobblestones, or pavement

• Potholes

• Steeply sloping driveways

• Slippery floor surfaces or floor coverings

• Oil, grease, water, liquids, or food on the floor

• Uneven stairs or inadequate stair rails

• Blocked store aisles

• Bridge construction hazards, including falling debris

• Unsafe balconies or railings

• Poor lighting

If you or someone you know has been injured and requires an experienced slip and fall injury lawyer in the Tampa Bay area, fill out our case evaluation form or call 813-277-9505.

Property owners in Florida have a duty to maintain safe properties for customers, and visitors and to effectively warn people of any possible dangers.  The key to Florida premises liability cases is to effectively prove that the property owner was negligent and caused the injury. This can be accomplished by proving any of the following:

• The property was in a dangerous condition;
• The owner knew, or reasonably should have known, of the dangerous condition;
• The owner had a reasonable opportunity to identify and correct the dangerous condition;
• He or she caused the unsafe condition, such as spilling liquid and not mopping it up;
• He or she knew about the dangerous condition but did not take steps to correct it;
• The owner failed to adequately warn of the dangerous condition;

There are numerous types of premises liability cases, such as:

• Inadequate security (i.e., lights, surveillance) resulting in a preventable assault by a third party;
• Pool drownings;
• Slip and fall accidents;
• Products falling off of shelves at a store;
• Uneven walkways;
• Pot holes;
• Entrances or exits from a building that violates Florida codes;
• Poor maintenance of a property.

What should you do if you have premises liability injury:

• you should first report the accident to the property owner;
• gather information of any eyewitnesses;
• take pictures of the location;
• seek medical attention; and
• Call Dylan M. Snyder, P.A. for a free consultation regarding your potential case.

If you've recently been in an auto accident, you may be concerned about working with insurance companies, recovering from any injuries you suffered, and repairing your car. But if you were the victim in an automobile accident, you should also be thinking about whether a personal injury attorney who handles auto accidents can help you recover money to pay your accident-related bills and compensate you for pain and suffering.

When an accident is serious enough to cause fatal or severe injuries, or if alcohol was involved, the state will probably prosecute the driver who was at fault. But for all other car accidents, you, the other driver, and your insurance companies may be left to deal with medical bills and car repair expenses. Often these issues are ultimately resolved in court.

Victims in an automobile accident may include the car's driver, passengers, by-standers, and even the spouse of an injured person.  All auto-accident victims may be able to recover money from the other driver, the owner of the car, and even the driver's employer to pay for the damage to your car, your current and future medical bills, and any permanent injuries you may have suffered. You may even be able to get punitive damages, which are designed to punish the other driver for his or her action.

If you are contacted by the other driver's insurance company, you do not need to provide them with any information other than your basic contact information. Nor should you feel pressured to provide them with an immediate description of your injuries. A personal injury lawyer who handles auto accident injuries can help you negotiate with the other driver's insurance company or decide whether your case should be heard in court.

WHAT TO DO AFTER AN AUTO ACCIDENT:

• Immediately file an accident report with the police, sheriff or highway patrol, if the agency has not done so at the scene.

• Write down the name, address, insurance information, vehicle license number and driver's license number of any and all persons involved in the accident. Record names, addresses and telephone numbers of all witnesses.

• Obtain photographs of the accident scene, all vehicles involved (before repairing) and any visible injuries to the parties involved, such as cuts, bruises, and scars.

• Do not discuss the accident or your injuries with anyone, with the exception of your doctor and your attorney.

• Do not consent to a recorded statement or sign any document without first reviewing it with your attorney. Innocent statements made by you attempting to assist an insurance adjuster can easily be misinterpreted and used to deny or minimize your recovery.

• Immediately seek medical attention and tell your doctor the nature and extent of your pain and injury, and how the injury occurred.

• Contact Dylan M. Snyder, P.A. to help you through the process of dealing with the insurance companies, medical facilities and the court system.