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Orlando Dog Bite Attorney
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Orlando Dog Bite Injury Attorneys
In Florida, a strict liability state, dog owners are liable for injuries if their dog bites anyone on public property or even on their own property if the person bitten was legally allowed to be there. The primary exception to dog bite liability is when the dog is provoked. One of the toughest aspects of dog bite cases arises when there are disputes over what does and doesn’t constitute provocation and whether it can be shown that the victim provoked the dog.
Although there are cases where a dog bite is caught on a security camera or situations in which the dog owner acknowledges the bite occurred, there are also scenarios where the dog bite victim and the dog owner have conflicting narratives. Consulting with an experienced dog bite attorney can be particularly important if there’s a dispute over what led to the dog bite.
The Orlando dog bite lawyers at Kanner & Pintaluga are here to aggressively advocate for your interests. We’ll thoroughly investigate the situation and work hard to discover the truth of what happened.
When the Dog Owner Might Not Be Liable
Under Florida’s strict liability laws, dog owners are primarily responsible for injuries caused by their pets. However, there are certain circumstances where the owner might be absolved from full liability:
- Trespassing: If the victim was unlawfully on the dog owner's property at the time of the bite, the owner's liability may be reduced.
- Provocation: Should it be proven that the victim provoked the dog, either intentionally or unintentionally, this can affect the liability.
Unintentional provocation can be actions that, though not meant to agitate or scare the dog, inadvertently lead to a defensive or aggressive reaction from the animal. Examples include accidentally stepping on a dog’s tail, startling it with a sudden loud noise or even intruding upon its territory without realizing it.
Other scenarios might involve unknowingly coming between a mother dog and her puppies, or trying to take away an object or food the dog perceives as its possession. These actions aren’t meant to threaten the dog, but from the animal’s perspective, they might be interpreted as threatening or invasive, leading to a bite.
Cases involving unintentional provocation can become contentious because both the dog owner and the victim of the dog bite can feel wronged. Thorough investigation of the situation can be beneficial, especially when dealing with an insurance company that is looking for ways to avoid paying a dog bite claim.
What Is and Isn't Considered Provocation
Understanding what constitutes as provocation can be crucial in dog bite cases:
- Direct Actions: Hitting, poking or pulling on a dog's body parts, especially sensitive areas like the tail or ears, would count as provoking the dog from a dog bite injury case perspective.
- Threatening Postures: Standing over a dog or making sudden movements might be perceived as a threat.
- Intervening in Fights: Trying to break up a dog fight can be a natural reaction, but it can also be seen as provocation.
Not all actions towards a dog are considered provocation. Regular interactions, such as petting a dog (when permitted) or walking past it without making threatening gestures, aren’t considered provocative under the law. Dog owners should be liable for dog bites in scenarios where the victim wasn’t doing anything to provoke the animal.
How to Prove You Didn't Provoke the Dog
If a dog owner claims provocation as a defense, the burden typically falls on the victim to prove otherwise. Some of the best evidence for these types of dog bite cases includes:
- Witness Testimonies: Bystanders or those nearby at the time can provide statements about the incident.
- Video Footage: Surveillance or cellphone videos can offer indisputable proof.
- Your Actions: Detailing your behavior, particularly if it was passive or non-threatening, can counter the provocation argument.
Important Evidence in Dog Bite Cases
Building a strong case requires concrete evidence. Some of the dog bite injury evidence your attorney could use includes:
- Medical Records: Expert medical opinions and diagnostic testing results regarding the extent and nature of injuries.
- Photos: Pictures of the injuries and the location where the bite took place can be impactful.
- Witness Statements: As mentioned earlier, people who saw the incident unfold can provide crucial insights.
- Dog's History: Any documentation, even statements from neighbors, that establishes a dog’s pattern of aggressive behaviors or incidents can strengthen your claim.
How an Experienced Orlando Dog Bite Lawyer Can Help
Navigating the intricate landscape of dog bite laws can be challenging. An experienced Orlando-based lawyer can help you understand your rights under Florida law after you or a loved one have been bitten by a dog. Our team will also investigate the incident, collect evidence and compile it into a compelling case that clearly establishes what led up to the dog bite. We’ll then negotiate directly with the insurance company on your behalf to ensure they treat your case with the fairness you deserve.
If necessary, our Orlando trial attorneys won’t hesitate to take your dog bite claim to court and argue your rights before a judge and jury.
Call Our Team for Representation in a Dog Bite Injury Claim in Orlando
Dog bites can be traumatic and lead to long-term repercussions. By understanding the nuances of Florida’s laws and having an adept lawyer by your side, you can ensure that your rights are protected and that you’re adequately compensated for your injuries. Schedule a free consultation with Kanner & Pintaluga by calling 888.283.3831.
- Medical Records: Expert medical opinions and diagnostic testing results regarding the extent and nature of injuries.
- Photos: Pictures of the injuries and the location where the bite took place can be impactful.
- Witness Statements: As mentioned earlier, people who saw the incident unfold can provide crucial insights.
- Dog's History: Any documentation, even statements from neighbors, that establishes a dog’s pattern of aggressive behaviors or incidents can strengthen your claim.
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