Adriana P. Santiesteban, Esq.
An Experienced & Top Rated Personal Injury Attorney in Miami
A True Local Miami Lawyer, Advocating for Your Rights with Over 15 Years of Dedication and Expertise
Current Treasurer and Past President of COLBAR
Member of The Florida Bar since 2008
Adjunct Professor at St. Thomas University
Dog Bites and Animal Attacks Lawyer in Miami
Dog bites and animal attacks in Miami and across Florida lead to thousands of emergency room visits each year, sometimes causing severe physical harm and leaving emotional scars that persist for a lifetime. Hiring an attorney for personal injury in Miami that experienced in dog bites and animal attacks can help you with your case. Dogs are beloved household companions, serving as loyal friends and even integral members of the family. Yet despite their widespread popularity, these animals can sometimes pose serious risks to public safety, particularly when owners fail to train them properly or contain them under appropriate circumstances. Florida law recognizes these dangers and imposes legal responsibilities on pet owners to ensure they do not endanger members of the public, service workers, or visitors to their properties.
Dog bites and animal attack injuries fall under the broader umbrella of Premises Liability because they often involve questions about the property owner’s or animal owner’s failure to maintain a reasonably safe environment. However, these matters can be far more nuanced. Unlike slip and falls or other hazards related to inanimate property conditions, dog bite and animal attack claims require an understanding of Florida’s strict liability rules, which often hold owners accountable even if the dog has never displayed aggression before. If you are injured by dog bites and other types of animal attacks in Miami, it is important to know what you can expect in terms of proving liability, the categories of damages you might seek, and why hiring an experienced personal injury lawyer is critical in these cases.
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Understanding Florida’s Dog Bite Laws
Florida is known for its “strict liability” stance when it comes to dog bites, codified in Section 767.04 of the Florida Statutes. Under this law, a dog owner can be held liable if their pet bites a person who is lawfully on the property, regardless of whether the dog has previously shown any signs of aggression or danger. This is a marked contrast to the so-called “one free bite” rules in some other states, where owners typically are not liable the first time their dog harms someone if they had no prior knowledge of the animal’s dangerous behavior. In Florida, owners cannot claim ignorance of a dog’s temperament as a complete defense; they bear responsibility if the bite victim was not trespassing or deliberately provoking the animal.
That said, Florida’s comparative negligence principles apply to these cases, and a victim’s ability to recover damages may be reduced or barred if they were more than fifty percent at fault for the incident. For example, if an individual repeatedly antagonizes or teases a dog, or disregards clearly posted warnings to “Beware of Dog,” a court might decide that the injured party shares some responsibility for what transpired. Nonetheless, the overarching legal framework holds that dog owners have a duty to exercise reasonable care, restrain aggressive animals, and warn guests if a dog is prone to biting or attacking.
Beyond Dogs: Other Animal Attacks
While dogs make up the majority of animal attack claims in Florida, incidents involving other domestic and exotic animals also occur. Some homeowners keep exotic pets like large snakes, primates, or other unusual creatures that can pose grave dangers if they escape or are improperly supervised. Livestock such as horses can also cause injuries; although horse-related liabilities often involve a different legal framework due to “equine activity laws,” property owners may still face liability if they fail to take sensible precautions. Small domestic pets, like cats or ferrets, sometimes inflict injuries too, though the severity of these incidents tends to be lower unless they involve an especially aggressive or diseased animal. In any case, the core premise remains consistent: an owner must ensure that their animals do not unreasonably endanger other people, and failure to do so may open the door to a premises liability or negligence claim.
Liability and Defenses
When a dog bite or animal attack occurs, an injured plaintiff typically pursues a negligence or strict liability theory, depending on the statutory frameworks involved. Florida’s strict liability statute for dog bites simplifies things considerably because it eliminates the need to prove that the owner knew the dog was dangerous. However, in other animal attacks—like a bite from an exotic pet—a plaintiff may need to show that the owner acted negligently by not securing the animal or not adhering to local ordinances on exotic animal enclosures. If an individual is bitten while trespassing, the property owner may have certain defenses that limit or negate liability. Owners might also assert that the injured person “assumed the risk,” especially if they were aware of the dog’s dangerous propensities and still approached it.
The concept of comparative negligence can also be an important factor. If a bite victim provoked the dog or ignored posted warnings, their potential compensation may be substantially decreased. Florida’s 2023 legislative changes to the comparative negligence rule introduce an additional layer of complexity, since plaintiffs found more than 50% at fault may be barred from recovering damages altogether. Defense attorneys often scrutinize the victim’s conduct leading up to the attack, seeking to show that the victim was reckless or ignoring clear signs of danger. On the other hand, if the animal attack occurred in a public space where leashes or muzzles were clearly required by municipal codes, it can strengthen the plaintiff’s case considerably.
Injuries and Damages
Dog bites and other animal attacks can result in injuries ranging from superficial cuts and bruises to deep puncture wounds, broken bones, and life-threatening infections like rabies or sepsis. Facial injuries are especially common in dog attacks, particularly if a small child is involved, because the dog may strike at eye level. Beyond the physical trauma, victims frequently endure emotional distress, including post-traumatic stress disorder (PTSD), anxiety, and an ongoing fear of animals. Scarring and disfigurement can necessitate reconstructive surgery, while the psychological effects might require counseling or therapy. Time is of the essence in these cases, especially when medical bills and emotional stress accumulate. Having an experienced personal injury attorney by your side who can help you get the compensation for your medical care, lost income, and the psychological toll caused by the attack. Get the legal support you need by scheduling a free case review.
Under Florida law, victims can seek compensation that aligns with their tangible and intangible losses. Economic damages may include hospital bills, surgical costs, rehabilitation fees, and lost income if the injuries hinder the victim’s capacity to work. Non-economic damages typically account for pain and suffering, emotional distress, and reduced quality of life. If the animal owner’s conduct was especially egregious—imagine an owner with repeated citations for letting an aggressive dog run loose—then punitive damages might be an option, though it remains a high bar to clear. Insurance coverage also plays a role; many homeowner’s or renter’s insurance policies offer at least partial coverage for dog bites, but disputes over policy limits or whether the specific breed is excluded can arise.
Steps to Take After an Animal Attack
For individuals who have just experienced a dog bite or other attack, prompt medical attention is essential, both for overall health and to document the extent of injuries. Reporting the incident to local authorities, such as animal control or the police, can create an official record that may be pivotal later on. Securing contact information from witnesses who saw the attack can also bolster a future claim. In Florida, the statute of limitations for dog bite cases generally falls within the broader personal injury window, which is now two years for incidents occurring after March 24, 2023, but verifying specific deadlines with an attorney for personal injury is always wise.
The Role of an Attorney
Hiring a local personal injury attorney who understands dog bite and animal attack laws in Florida can greatly improve an injured party’s chances of receiving just compensation. Personal injury lawyers can investigate whether the dog had a known history of aggression, examine local regulations on leashing or muzzling, and look into the property owner’s insurance situation to determine potential sources of recovery. Skilled counsel can also anticipate the owner’s defenses—like comparative negligence or assumption of risk—and gather evidence to counter them effectively. In many cases, a personal injury attorney may negotiate with insurance adjusters to secure a fair settlement without going to trial, though they should always be prepared to litigate if negotiations prove unproductive.
FAQs About Dog Bites and Animal Attacks in Florida
Can I still sue if the dog that bit me never showed aggression before?
Yes. Under Florida’s strict liability statute, a lack of prior attacks does not absolve the owner of responsibility if you were lawfully on the property and did not provoke the animal.
What if I was bitten by a dog while I was working as a delivery driver?
If you were lawfully on the property in the course of your employment, you can generally pursue a claim against the dog owner for your injuries. Workers’ compensation may also come into play, but it does not eliminate the potential for a personal injury lawsuit against the dog owner in many circumstances.
The dog owner claims I was trespassing. How does that affect my case?
If you were indeed trespassing, your ability to recover damages may be reduced or denied altogether, depending on the circumstances. However, the facts may be more nuanced if you believed you had permission to be on the property or if the area was not clearly posted as private.
Can the owner be liable if my child was simply playing near their yard?
Children, especially very young ones, are often given special consideration by courts. If the yard was easily accessible, not adequately fenced, or if there were no warnings about a dangerous dog, the property owner may still bear liability, though the specifics can vary. Consulting a personal injury lawyer that experienced in dog bites or animal attacks may help you to understand your rights.
How long do I have to file a lawsuit for a dog bite injury?
For incidents occurring on or after March 24, 2023, the statute of limitations for general personal injury claims in Florida is usually two years. Consulting an attorney for personal injury promptly is essential to ensure you don’t miss any deadlines or lose critical evidence.
Conclusion
Dog bites in Miami can have far-reaching consequences that surpass the immediate pain of a wound. These incidents may cause infections, require reconstructive surgery, leave lasting mental trauma, and disrupt a victim’s capacity to earn a living. Florida law, through its strict liability standard and other regulations, acknowledges the serious nature of these attacks by holding animal owners accountable for preventable harm. At the same time, defenses like comparative negligence and trespassing complicate the legal landscape, making it crucial for victims to consult a Miami personal injury lawyer. By promptly seeking medical attention, reporting the incident, and working with an experienced personal injury attorney in Miami, you place yourself in a stronger position to recover fair compensation and regain control over your life.
If you or a loved one has been injured by a dog or another animal in Miami, contact our law firm to explore your legal options. Call us for a free consultation, it can help you understand whether you have a valid claim and what damages you might seek. Time is of the essence in these cases, especially when medical bills and emotional stress accumulate. Get the legal support you need by scheduling a free case review. Let the top rated Miami personal injury attorney fight to secure compensation that accounts for your medical care, lost income, and the psychological toll inflicted by the attack.
