Complexities of Florida Dog Bite Cases
In Florida, the law around dog bites differs from that of other states, which either fall into the category of one-bite states or strict liability states. According to Apex Law in Tampa, Florida law, Section 767.01 makes dog owners liable for injuries done by their dogs to humans, domestic animals, and livestock.
Signage to Protect Against Liability
While Florida does take a strict liability stance, it modifies its approach. A dog owner absolves themselves of liability in attacks on humans above the age of six if they prominently display a sign warning of their “Bad Dog” or that reads “Beware of Dog.”
Parental Supervision Required
Florida law presumes that a six-year-old human being or older has attended at least first grade and can read and understand the simple warning message about the dog. In cases dealing with children under the age of six, the law of the state places the responsibility on the child’s parents to supervise their child so they do not get hurt.
Comparative Negligence in Florida Law
The state’s laws surrounding personal injury from dog bites also deal with comparative negligence differently. In Florida, the law holds a human of six years or older capable of comparative negligence since, by that age, a person typically learns right from wrong and knows not to provoke an animal, such as a dog. For children younger than six, the law deems incapable of comparative negligence, but places the onus fully onto the parents, who it states should “adequately supervise” their child to ensure such accidents do not happen.
A Child Can Sue Their Parents
In cases where the parent has liability insurance, if their lack of supervision contributed to or caused the dog bite, the child can sue their parents to recover damages. The case of Ard v. Ard established one rule regarding a child suing their parents in these cases. If the parent lacks liability insurance, the child cannot sue them.
In the case of Joseph v. Quest, the Florida courts established another rule. If the parents lack liability insurance, the dog owner cannot sue them either with a contribution claim.
Landlord Liability and Dog Bites
A person bitten by a dog on the premises of a rental property may sue the landlord who incurs liability because the landlord has the duty of protecting the tenants from vicious dogs under Florida law. That means a landlord incurs liability by allowing a tenant’s pet dog who appears or behaves viciously. If the lease prohibits specific dog breeds, but the landlord does not enforce the lease requirements, they incur liability for any dog attacks made by the beast.
Florida law does provide exceptions for those visiting the property or trespassing on it. A landlord might not incur liability if the person attacked exceeded their invitation to the premises. In Anderson v. Walthal, a woman visiting a property for a business meeting entered the backyard, where a tenant’s dog bit her. The court determined that she had “exceeded her invitation” to the property by doing so.
Handling a Dog Bite Incident
Contacting an attorney who specializes in dog bite cases as soon as possible following the incident results in the best outcome. Recent changes in Florida law reduced the statute of limitations from four to two years, so those attacked by a dog or other animal need to file a lawsuit or insurance claim as soon as possible after the attack.
