Is a Dog Owner Liable for a Dog Attack that Does Not Result in a Dog Bite?


Is a Dog Owner Liable for a Dog Attack that Does Not Result in a Dog Bite? The simple answer to this question is “Yes”. Pursuant to Section 767.01, Florida Statutes, owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by Florida Statutes – Section 585.01.

The pursuit of a Florida dog bite case or a Florida dog attack case often times involves an interpretation of statutes and case law. A Florida Dog Bite Attorney can help the dog bite victim with advice, consultation, and legal representation regarding these matters.

In Josephson v. Sweet, 173 So.2d 463 (Fla. 3rd D.C.A. 1964), the Third District Court of Appeal noted that a dog owner can be liable for a dog bite and / or a dog attack that causes personal injuries. In Josephson, the Court noted that there is no requirement in a dog attack case to prove or allege that the owner of the dog had prior knowledge of the vicious or dangerous propensities of the dog. The Court also noted that Section 767.01, Florida Statutes, did not require prior knowledge or prior bad acts of the dog to pursue a lawsuit against the dog owner for personal injuries suffered as a result of a dog attack.

Many dog bite injuries and dog attack injuries are preventable. It is important for dog owners to maintain control of their dogs. Unfortunately, dogs are unpredictable. At any time, a dog could snap or react to a situation and then attack or bite a person. Most Florida counties and cities have dog leash regulations. By complying with or obeying these regulations, many dog bite injuries can be avoided. See Florida Dog Leash Laws – County by County. When a dog bites or attacks a person, the local animal control department can take action to quarantine the dog and, in some instances, destroy the dog. See Florida Dangerous Dog Laws – County by County.

The book – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Dog Bite Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

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