Establishing Dog Bite Injury Liability

Suffering injuries for a vicious dog bite may involve serious physical and mental anguish. It becomes even more difficult when you have to pay for the hefty medical costs. In such a situation, you may need to consider legal help from a personal injury lawyer if the dog owner, or some other party, was liable for the incident.

Florida laws (Fl St 767.04) adhere to the strict liability theory when it comes to this kind of injuries. The implication of this law is simple – even if the dog owner does not contribute to the injuries directly, he/she is liable for the damages. However, establishing liability is not as easy as it sounds.

Where did the incident take place? The liability stays if the victim suffers injuries while on/in the property of the dog owner or some public place.

Who is the victim? If you were an invitee/licensee, the owner of the dog must ascertain your safety. For example, if you were at a party when the host’s dog bites you and causes injuries, the owner is liable. Again, if you were delivering a letter to the owner, and where on the property for that reason, the dog owner is responsible for any mishap.

However, the liability theory may not hold ground if the victim was a trespasser.

Was there a notice with the phrase ‘bad dog’ in view? If the dog owner posts such a sign to warn others about the threat, the court may not hold him/her liable for the injuries. However, this is not acceptable if the victim was less than 6 years of age.

Was the victim at fault too? If the victim was irritating the dog or threatening it, he/she is at fault for the injuries too. In such a circumstance, the court may diminish the amount of damage recovery possible.

By now, you are sure to understand that the exact circumstances of the case determine liability.

Therefore, it is a good idea to get a Boca Raton personal injury lawyer if you are a victim of such injuries and want to claim damage recovery. Apart from investigating the incident and analyzing the facts, he/she would be able to handle the ensuing legal proceeding as well.

If your personal injury lawyer is capable of establishing liability of the dog owner for the injuries you suffer, you may be able to recover all medical costs (including costs for any necessary plastic surgery), wage loss, damages for pain and suffering and so on.