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Dog attacks can be extraordinarily traumatic events that leave victims with serious emotional and physical scars. Unfortunately, dog bite cases aren’t nearly as straightforward as you might assume they should be. Dog owners and their insurance companies frequently try to put the blame on you or your loved one – the victim of the dog attack. Working with a skilled and experienced Boca Raton dog bite lawyer may be the best way to ensure you’re not unfairly treated by the insurance company.
Dog bites can result in severe injuries, both physically and emotionally. Physically, victims often suffer from puncture wounds, lacerations, nerve damage, fractures, and disfigurement. These injuries can lead to infections, including rabies, permanent scarring and require extensive medical intervention, including reconstructive surgeries and physical therapy.
On the emotional side, victims can experience profound trauma. Post-traumatic stress disorder (PTSD), anxiety, fear and sleep disorders are common among dog bite victims. The overall effect on a victim’s life can be staggering, significantly impacting their quality of life and mental well-being.
Florida does not have the “one free bite rule” some other states have that protect dog owners from liability in dog attack claims. The state operates under a “strict liability” dog bite law (Florida Statute § 767.04), meaning the dog owner is responsible for injuries their dog causes, regardless of whether the dog has bitten someone before or the owner was aware of the dog’s aggression. This law can be a significant benefit to dig bite victims because it eliminates the need to prove negligence on the owner’s part.
However, comparative negligence frequently comes into play in Florida dog bite cases. The dog owner or their insurance company may claim your actions significantly contributed to the attack, which can reduce the damages you’re awarded by your alleged percentage of fault. An experienced dog bite injury lawyer, like the ones at Kanner & Pintaluga in Boca Raton, will know how to investigate dog bite cases to counter comparative negligence defenses.
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Dog owners commonly use several defenses in dog bite cases:
One of the key challenges in dog bite cases can be proving that you did not provoke the dog. Evidence such as witness statements, video footage (if available) and your consistent, credible recounting of the event can be critical in showing you did not provoke the dog. An experienced personal injury lawyer can guide you through this process and help build a strong case.
Florida’s dog bite laws consider the age and behavior of a child when determining liability. Generally, children under six years old are presumed incapable of negligent actions that might provoke a dog. For children over six, it depends on the child’s capacity to appreciate the risk and behave prudently.
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