How Often Do Dog Bite Injuries Occur in Fort Lauderdale, Florida?
According to the AVMA, more than 4.5 million people are bitten by dogs every year in the United States, with nearly 1 out of 5 victims requiring medical attention. A significant percentage of these dog bites involve children and older people.
Nearly 27,000 people underwent reconstructive surgery due to dog bites in 2018.
In addition to children, postal service employees are also at a greater risk of suffering dog attacks. Across the country, more than 5,300 postal service employees were attacked by dogs while delivering mail in 2022. As per the U.S. Postal Service’s dog attack national rankings, Florida ranks #7 on the list of states with top dog attack incidents.
To help keep USPS employees safe, the organization has started educating dog owners on how they can help ensure safe mail delivery as part of its annual National Dog Bite Awareness Week campaign.
For immediate legal assistance from an experienced Fort Lauderdale dog bite lawyer, contact our legal team today. We offer free case evaluations and can help you understand your rights.
Who Are Most Likely to Be Victims of Dog Bite Accidents in Fort Lauderdale, Florida?
According to a report by the Centers for Disease Control and Prevention (CDC), the injury rate from dog bites is the highest for children between the ages of 5 and 9. This is because children do not always understand that dogs can be dangerous. Young children do not realize that dogs do not like being taunted with food or having their tails pulled. Plus, children may be unable to defend themselves or get away from dogs quickly during an attack.
The small size of children under 10 puts them at risk of getting bitten on the head or neck more than any other age group. According to the CDC, most dog bites involving children under 6 years are from dogs known to the family, and more than half occur in their homes. Across all age groups, the most common causes of dog bites are inappropriate behavior management and protective behavior.
To learn more about your rights after an animal attack or dog bite injury contact an experienced Fort Lauderdale dog bite attorney at our law firm today. We offer free case evaluations and are never too busy to speak with you.
What is Causing So Many Dog Bite Injuries in Fort Lauderdale, Florida?
Most of the time, dogs in Fort Lauderdale, Florida, attack people in response to stressful situations. Unlike humans, dogs cannot voice their differences, express anger, or defend themselves. The language most dogs use when they feel threatened, afraid, or in pain is snarling, growling, and biting. The chances a dog will bite you mainly depend on the dog, how they’ve been trained, and the situation at hand.
Here are various factors that may provoke dogs to bite:
- Pain: Even the friendliest or best-trained dog can bite if it’s feeling pain or discomfort due to an illness, injury, or something as minor as a bug bite.
- Feeling threatened: This usually happens when someone approaches a dog quickly, attempts to pet it without permission, or even wakes it suddenly. Sometimes, female dogs may also bite to protect their puppies.
- Dog fights: It’s not unheard of for dogs to bite when someone tries to separate them in the middle of a fight.
- Lack of training: Poorly trained or socialized dogs can bite out of fear or aggression.
- Play sessions: Sometimes, dogs can lose self-control during play sessions and bite you.
For immediate legal assistance or to schedule a free consultation with an experienced Fort Lauderdale dog bite attorney, contact our legal team today.
How is Liability Determined in a Dog Bite Claim in Fort Lauderdale, Florida?
In some states, victims of dog attacks have to prove that the dog had a history of viciousness and that the owner knew about it. However, Florida is a strict liability state. Under the strict liability laws, a dog owner can be held liable for a dog attack even if they didn’t have prior knowledge of their dog’s aggressive nature.
This means that victims do not have to prove that their dog bite injuries resulted from the owner’s negligence.
Florida Chapter 767 Section 04 states the following:
- A dog owner can be held responsible for injuries inflicted by their dog if the victim was in a public place or lawfully on private property.
- Neither the dog’s viciousness nor the owner’s lack of awareness about it is a factor in determining whether the victim will recover compensation or not.
- Negligence on the part of the dog attack victim will reduce the dog owner’s liability by whatever the percentage of the victim’s negligence in the attack is. This means that if the victim is 30% negligent of the dog attack, the dog owner will be 70% liable for the damages incurred. If the victim is found more than 50 percent at fault, the victim cannot recover (Fla. Stat. § 768.81(6)).
- Dog owners can be held liable for dog bites inflicted on persons lawfully on private property to perform a duty imposed by the state or federal government. Such personnel include law enforcement officers, Child Protective Services (CPS), and USPS employees.
- Dog owners will not be held liable for dog bite injuries inflicted on anyone on their property unlawfully. They also won’t be held liable if they had a sign on their property with warnings such as “bad dog.” Children under the age of 6 are an exception to this law. This is because young children cannot fully appreciate the likelihood of impending consequences of their actions.
Florida animal attack laws can be complicated. For this reason, it is wise to consider partnering with a skilled Fort Lauderdale personal injury attorney who can help you understand your legal options following an accident.
What Do I Do After Being Bitten by a Dog in Fort Lauderdale, Florida?
Understandably, most people are usually shaken after being bitten or attacked by a dog. Once you’ve gotten away from the dog or someone else has hauled it off, there are several steps you can take to protect your health and legal rights. These include the following:
- Get medical care right away.
- Note down the names, phone numbers, and addresses of the witnesses present at the scene when the dog bit you.
- Note down the name, contact information, address, and homeowner’s insurance details of the dog owner or the person who had custody of the dog when it bit you.
- Once the officers from the Fort Lauderdale police department arrive at the scene, file a report with them so that you can have a record of the dog attack.
- Do not engage or argue with the dog owner if they start defending their dog or blaming you for the attack.
- Do not accept any payments from the dog owner or permit yourself to be tape-recorded without your lawyer present.
- Take pictures of your wounds.
- Seek medical attention immediately after leaving the accident scene. Failure to do so may cause the dog owner and the insurance company to argue that your dog bite injuries were not severe. Your wounds may also become infected, especially if the dog is not vaccinated.
- Head to the nearest animal control office to report the dog attack and cooperate with the investigating officers assigned to your case.
- Call a knowledgeable legal representative to discuss your legal options and begin the settlement negotiation process.
What Affects the Value of a Dog Bite Claim?
Every dog bite case is different. Although the valuation of these cases is complicated, you have the right to be made ‘whole’ again by the liable party.
Dog bite cases often end in settlements because the defendants do not want to go through a trial. Whether a dog owner’s insurer offers a fair settlement depends on several factors.
Visible Injuries
Scarring and disfigurement from a dog attack can have lasting physical and emotional effects, and those losses are part of what you can be compensated for. You or your dog bite lawyer in Fort Lauderdale can always file a personal injury lawsuit if the dog owner insists on offering you a low settlement. Taking your case to court may help you get more substantial compensation for your injuries.
Disabling Injuries
Some dog bite injuries can be severe, resulting in permanent disability. This is usually the case for head and back injuries. In such a situation, you may have a stronger case, and you can seek compensation for medical expenses, lost wages, and diminished quality of life.
Long-Term Effects of Your Injuries
The long-term effects of your dog bite injuries can also affect the settlement amount you receive from the dog owner. If you need ongoing medical treatment for many months, your Fort Lauderdale dog bite attorney can demand compensation for future medical expenses.
Fort Lauderdale, Florida
As a resident of Fort Lauderdale, Florida, here are some resources for dealing with potential dog attack accidents:
- Dog Bite Prevention, A guide that explores various ways dog owners, adults, and children can prevent dog bites. It also contains helpful information on what to do if a dog has bitten you.
- American Veterinary Medical Association (AVMA), A resource that contains helpful tips on preventing dog attacks, recognizing risky situations, reading dog body language, and responding to a dog bite
Knowledgeable Dog Bite Law Firm in Fort Lauderdale, Florida
If you’ve been bitten by a dog in Fort Lauderdale, Florida, you may hold the dog owner liable for your injuries and other damages. The experienced Fort Lauderdale dog bite attorneys at The Bald Injury Lawyers have the necessary resources and experience to protect your legal rights and maximize your compensation in a dog bite case.
In addition to Fort Lauderdale, our legal team serves Hialeah, Pompano Beach, Plantation, Sunrise, Davie, and more. Contact us today to schedule a free consultation, and let us navigate your dog bite case together.
How long do I have to file a dog bite claim in Florida?
For injuries caused by negligence on or after March 24, 2023, Florida generally allows two years from the date of the accident to file a lawsuit (Fla. Stat. § 95.11(5)(a)). Wrongful death claims must be filed within two years of the date of death. Some claims have different deadlines, so talk to a lawyer as soon as possible.
Does a “Bad Dog” sign protect the owner?
It can. Under Florida law, a prominently displayed ‘Bad Dog’ sign is a complete defense, unless the victim was under 6 or the owner’s own negligence caused the bite (§ 767.04).
Who pays for a dog bite injury?
In many cases, the dog owner’s homeowner’s or renter’s insurance policy pays dog bite claims. We identify the owner’s coverage and handle communication with the insurer.
Can I bring a claim if the dog belonged to a friend or family member?
Yes. These claims are usually paid by the owner’s insurance, not out of the owner’s pocket, so a claim does not have to mean a fight with someone you know.
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