Every year there are literally millions of dog bites and animal attacks around the country.  Out of these attack victims, roughly 800,000 end up requiring medical attention, and roughly 400,000 of those requiring medical attention are children. Unfortunately, even with prompt medical care, many attack victims end up with permanent physical injuries/disabilities and may suffer from lifelong emotional trauma.

What can I recover?

If you have been injured by a dog bite or other animal attack, we can help you recover for your injuries/losses including...

What is the law in Florida regarding dog bites and other animal attacks?

In the past, Florida law adhered to the so-called "one bite" rule.  Under this rule, once an animal had bitten someone, the animal's owner would be put on notice that the animal was dangerous/vicious and would only then be responsible for any future injuries and/or damages caused by the animal.

Eventually, the Florida legislature rightly decided that even one bite was one bite too many and changed Florida into a strict liability state for purposes of dog bites and other animal attacks.  Simply put, this means that an owner is held strictly liable for all injuries and/or damages done by their animal.  The only exceptions to this strict liability rule are...

• where the animal is provoked (hitting the animal, teasing the animal, or attacking the animal's owner)
  
• and where the owner has "Bad Dog" signs prominently displayed on their property.
  

So if an animal is provoked into an attack by hitting or teasing, the animal's owner might not be held responsible for the attack.  Simply petting or playing with a dog is not usually considered to be provocation, unless the victim was specifically warned not to do so.  However, in the case of a young child, the attack victim might not be expected to know not to provoke an animal.  The "Bad Dog" defense requires that the sign or signs be easily readable and prominently displayed on the owner's property.  This can often become a tricky legal issue.  There are a number of court decisions interpreting the "Bad Dog" defense which makes it extremely important to consult with an experienced dog bite and animal attack attorney.

Who is liable for a dog bite or other animal attack?

Usually, it is the just the owner of the animal who is liable.  However, if the owner is not present during an attack and the animal is being watched by a third person, such as a dog walker, friend, or veterinarian, the person watching the animal at the time of the attack may also be held liable.  In addition, if the owner of the animal is leasing a home or apartment from a landlord or homeowners association, it may be possible to pursue a claim against the landlord or homeowners association.

What should I do following a dog bite or animal attack?

If you, or someone you know, is bitten or attacked by a dog or other animal, you should seek immediate medical care to rule out the risk of rabies, infection, and other complications.  After seeking medical care, you should then notify the police department and/or your local animal control agency (1) to make sure that the dog or other animal is quarantined by the proper authorities and (2) to create a record of the incident.

Dog bite and animal attack injuries can be extremely serious and can result in thousands of dollars in medical bills and lost wages.  In addition, these attacks can often result in lasting emotional trauma, such as anxiety attacks, fear of animals, and loss of sleep.  For these reasons, it is extremely important for a dog bite or animal attack victim to seek the assistance of an experienced injury attorney.  An attorney will help guide you through the complex statutes and ordinances regarding dog bites and other animal attacks, gather and evaluate your medical information, and negotiate aggressively on your behalf with the animal's owner and/or their insurance company.

We Can Help

Pensky & Kim are Miami dog bite attorneys serving clients in Miami-Dade, Broward, Palm Beach, and throughout the rest of Florida.  Contact us at 305-571-9800 or toll free at 888-533-5171 for a FREE consultation and to learn more about how our Miami dog bite lawyers can help you.  We are available 24/7.