What are the Rights of a Dog Bite Victim in the State of Florida? Does Dog Breed Factor into the Damages?

cal-0814-cl3-dogs-19In Florida, you will find dogs in every community.  Most dogs are well trained and friendly.  However, dogs are animals and their behavior, at times, can be somewhat unpredictable.  There are some dogs in the community who have a history of roaming and aggression.  Certainly, all dogs should be properly restrained and kept under control.  This is especially true for those dogs with a history of aggression.   Florida has some interesting laws in place as to dog bite incidents.  Florida, like some other states, has a strict liability rule in place for dog bites.  This means that a dog bite victim can pursue a case or claim against a dog owner WITHOUT having to prove that the dog had a prior history of aggression or biting.  Furthermore, there is no need to show that the dog owner knew or should have known that the dog would have been dangerous in a certain situation.  In addition, it should be noted that the dog breed is typically irrelevant to the pursuit a claim.   The dog breed is less important that the dog who attacked the person.   Of course, the bigger the dog breed – the more damage or more serious injuries can be inflicted.
In Jacksonville, Florida, it was reported that a man was seriously injured when he was attacked by four Pit Bull breed dogs.  It was reported by the Florida Times Union and other news outlets that the dogs had a history of roaming through the neighborhood on prior occasions according to the neighbors.   As a result of the incident and the information gathered by animal control, the dogs involved in the attack and others were taken into custody by the City of Jacksonville Animal Control. A full investigation will be conducted to determine the facts of the attack and whether the dogs at issued will be classified as dangerous dogs. You can read more about this story at Jacksonville Florida Man Attacked by Four Pitfalls in Critical Condition.
It should be noted that leash laws are in effect for most of the 67 counties and for most municipalities. It is important for dog owners to comply with the leash laws and other Animal Laws in place.   As noted above, dog bite cases are governed by strict liability.  As such, as long as the dog bite victim was not a trespasser and did not otherwise affirmatively attack the dog at issue, there will be a case or claim to pursue by the dog bite owner. It should also be noted that the pursuit of many cases may hinge from a practical standpoint on the availability of homeowner’s insurance. Unfortunately, many dog owner / homeowners do not carry homeowner’s insurance that covers dog bite related personal injuries.   
When a person suffers serious personal injuries as a result of a dog bite, it is important that the person OR his or her family contact a Florida Dog Bite Attorney for advice, guidance, and legal representation.