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Dog bite accidents are harrowing events that can potentially lead to physical and mental scars, but even if the evidence of the accident is plain to see, plaintiffs can have a hard time getting the compensation they need from dog owners and their insurance companies. The at-fault parties will often do whatever it takes to deny liability and leave you to bear the burden on your own in the wake of their negligence.
At Kanner & Pintaluga, we won’t let that happen. Our attorneys will work hard to ensure your injuries are acknowledged and properly compensated by the responsible parties.
No, Florida doesn’t have a “One-Bite Law.” Instead, the state operates under a strict liability law, meaning dog owners will be held responsible for their dog biting someone, regardless of whether this was the dog’s first and only act of aggression or just one of many.
Dogs being off-leash or off their owner’s property account for almost one-third of all reported dog bite accidents in Florida. However, the true culprit behind these accidents is typically poor training, socialization and supervision. Ideally, dogs should behave whether they’re on a leash or not. By adopting a dog, owners assume a duty to prepare them to be around people and other dogs. If owners fail to take the appropriate measures to train them, their pets can experience an overwhelming amount of fear and anxiety towards others, escalating the chances of them biting someone. Neglecting to adequately train their pets can make owners liable in a dog bite lawsuit.
That said, even well-trained dogs can respond aggressively to someone invading their space, even if the provocation with inadvertent. As long as you were engaging with the dog in a normal fashion when the attack occurred, such as petting them, you can typically pursue a claim against the dog owner.
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In most cases, the owner is partially or fully liable in a personal injury claim; however, certain actions may bar you from compensation. If you were bitten because you were illegally trespassing on the property, you might not be able to file a claim. Provoking the dog by teasing, taunting or making aggressive gestures at them can also potentially disqualify you from compensation.
One major gray area when it comes to dog bite accidents and liability is when the victim is a child. Unfortunately, children are the most at risk for dog bites and, more often than not, tend to be the victims of such attacks. In some cases, even if the child intentionally provoked the dog, the dog owner may still be held responsible in court.
The only exception is if the owner and their lawyers can successfully prove that absentminded parenting directly contributed to the incident, which their insurance company will work hard to prove so they can avoid paying for medical care and pain and suffering damages.
The dedicated dog bite attorneys at our Tallahassee personal injury firm will hold the responsible party accountable, building a persuasive case packed with straightforward evidence and witness testimony to strengthen your case’s chances of success.
Claiming provocation or absentminded parenting isn’t the only trick in the insurance company’s arsenal to shift liability away from their policyholders. Many home insurance policies also contain exclusions for certain breeds or types of dogs, categorizing them as “high risk.” If the dog that bit you falls into one of these categories, the insurance company may not want to claim, arguing the owner assumed the risk by owning a “high risk” animal. In such a scenario, the dog owner would still be liable, but without insurance, they may not have the resources to cover your damages. Such disputes can delay or reduce the compensation you receive, leaving you responsible for medical expenses and other damages.
Even when insurance companies do accept liability, they frequently offer insufficient settlement amounts in hopes that the plaintiff is desperate enough to accept it, even if it forces them to pay out of pocket for medical bills, lost wages and pain and suffering.
When you hire one of the attorneys at Kanner & Pintaluga, you level the playing field. We’ll fiercely advocate for your rights against low payouts, fighting to secure the fair and full compensation you need to recover in peace.
If you or a loved one has been injured by someone else’s dog, our dog bite attorneys will support you with aggressive representation, protecting your rights and pursuing maximum compensation on your behalf.
Call 800.586.5555 to schedule a free case consultation with an aggressive dog bite attorney today.
113 South Monroe Street, 1st Floor
Tallahassee, FL 32301
(800) 586-5555
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