Fight Back Against Exaggerated Dog Bite Lawsuits in Florida
In Florida, dog owners and businesses that allow dogs on their premises face a unique legal landscape when it comes to dog bite liability. Florida statute imposes strict liability on dog owners for damages to persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. Florida dog owners would do well to explore strategies for defending against exaggerated dog bite lawsuits brought under this statute.
Understanding Strict Liability in Florida Dog Bite Cases
Before delving into defense strategies, it’s important to understand the concept of strict liability as it applies to dog bite cases in Florida. Strict liability is a legal doctrine that holds a party responsible for damages or injuries without proof of carelessness or fault. In the context of Florida’s dog bite statute, this means that the plaintiff doesn’t need to prove that the dog owner was negligent; the mere fact that a bite occurred is often sufficient to establish liability.
However, Florida Statute 767.04 does provide some exceptions and defenses that can be key in fighting questionable, exaggerated, or spurious claims.
Key Defenses Against Dog Bite Lawsuits
1. Provocation
If the person bitten provoked the dog, this can serve as a defense. Provocation can include physical actions against the dog or highly excitable behavior around the dog. However, the provocative act must be intentional and directed at the dog.
2. Trespassing
If the bite occurred when the injured person was unlawfully on the property where the dog was kept, this could be a valid defense. The statute specifically states that the dog owner is not liable if the bite occurred on their property and there was a prominently displayed “Bad Dog” sign.
3. Comparative Negligence
Florida follows a comparative negligence rule. If the injured person’s negligence contributed to the incident, their damages may be reduced proportionately. This could include ignoring warning signs or approaching a clearly agitated dog.
4. Lack of Actual Bite
The statute specifically refers to damages from dog bites. If the injury was caused by other dog behavior (e.g., jumping or scratching), the strict liability statute may not apply, although the owner could still potentially be liable under general negligence principles.
5. Misidentification of the Dog or Owner
In some cases, the plaintiff may have misidentified the dog or its owner. Proper documentation and evidence of dog ownership and the dog’s whereabouts at the time of the alleged incident can be crucial.
“[Florida] statute specifically states that the dog owner is not liable if the bite occurred on their property and there was a prominently displayed “Bad Dog” sign.”
Strategies for Building a Strong Defense
1. Thorough Documentation
Keep detailed records of your dog’s behavior, training, and any incidents. This can help establish a pattern of good behavior if needed.
2. Witness Statements
Collect statements from witnesses who can attest to the circumstances of the incident or the dog’s general temperament.
3. Expert Testimony
In some cases, testimony from animal behavior experts can be valuable in explaining dog behavior and challenging claims of viciousness.
4. Proper Signage
For businesses and homeowners, ensure that appropriate warning signs are prominently displayed if required.
5. Insurance Coverage
Maintain proper insurance coverage that includes dog bite incidents. Many homeowners’ and business liability policies cover dog bites.
The Role of Jury Instructions
The Florida Courts’ Standard Jury Instructions for Civil Cases provide insight into how these cases are presented to juries. Understanding these instructions can help in framing a defense strategy. For instance, the instructions clarify that if a defendant raises the defense of comparative negligence, the jury must consider the negligence of the plaintiff in determining the total amount of damages.
Importance of Legal Representation
Given the complexities of dog bite laws in Florida and the potential for significant damages, defendants could benefit from experienced legal representation. An experienced litigation attorney familiar with Florida’s dog bite laws can:
1. Evaluate the strength of the case and potential defenses
2. Gather and present evidence effectively
3. Negotiate with the plaintiff’s attorneys
4. Represent the defendant’s interests in court if necessary
South Florida Law
While Florida’s dog bite statute imposes strict liability on dog owners, it doesn’t mean that every dog bite claim is valid or indefensible. By understanding the law, maintaining proper documentation, and employing strategic defenses with the aid of an experienced litigation attorney, dog owners and businesses permitting dogs on their premises can protect themselves against exaggerated lawsuits.
South Florida Law’s litigation team aggressively defends individuals and businesses to protect them against exaggerated personal injury claims. Our litigation team successfully defended a dog owner who was sued for $300,000 in damages for a single dog bite. The resulting jury trial decision found that the plaintiff was partially responsible for the dog bite. As a result, the court required the dog owner to compensate only $900 for past medical fees, $0 for future medical bills, and $0 for any alleged “pain and suffering.”
If you are being sued for personal injury damages that have been inflated or exaggerated, then do not attempt to “go it alone.” Contact us here at South Florida Law and our experienced litigation attorneys will evaluate your case. We can be reached at (954) 900-8885 or via our contact form.