Most dog bite cases occur because the owner neglected to keep their dog on a leash. In fact, almost one-third of all reported dog bite accidents in Florida were the result of dogs being off-leash or off their owner’s property. 

While dog owners should always keep their dog on a leash in places where leashes are required, they should ideally train their pet to behave appropriately even when off it. Dog owners are responsible for training, socializing and supervising their dogs to guarantee they’re safe to be around people. If a dog wasn’t socialized when they were young, they may experience a lot of fear and anxiety towards others that can cause them to bite as a defense response. An owner who fails to train their dog for the outside world may be held liable in a dog bite lawsuit.

Dogs will also respond aggressively when someone invades their space to defend themselves, even if the intruder is friendly. Dogs are naturally territorial, so when a person invades their personal space or territory, they may respond aggressively to protect themselves or their belongings.

If it can be shown that you were bitten because you were illegally trespassing on the dog owner’s property, you might not be able to pursue a claim for compensation.

Even if the provocation is unintentional and occurred while legally on the property, certain behaviors, like teasing, taunting and aggressive gestures, may make it difficult to establish the dog owner’s liability. In most cases, you can’t provoke an attack and then sue for injuries.

The exemption to this rule is if the victim is a child, who – incidentally – are most at risk for dog bite injuries. If a child is bitten, the owner might argue that absentminded parenting was the true cause of the accident as a defense.

Our Fort Myers dog bite attorneys will assess the circumstances of your case and help strengthen your claim, from utilizing video footage and physical evidence (such as torn clothing) to eyewitness testimony.