Injury Law Attorney - Dog Bite Clearwater - New Port Richey - Tampa Bay

Transcription

1 Injury Law Attorney - Dog Bite Clearwater - New Port Richey - Tampa Bay You need an aggressive injury lawyer to fight for your rights regarding your dog bite DOG BITE AND DOG INJURY LAWS There are two separate statutes in Florida making dog owners liable for the action of their dogs: the Dog Bite Statute and the Dog Injury Statute. Under the Dog Bite law, the owner is strictly liable for any injuries due to a dog bite. Under the Dog Injury law, the owner is strictly liable for damages not caused by dog bites. DOG BITE LAW The Dog Bite Law requires that the owner of a dog be held strictly liable for injuries caused by a dog bite. However, for this law to apply, the dog bite must occur while the person is but in a public place or while lawfully on or in a private place. A person is considered to be lawfully on the private property of a dog owner if the property is entered while performing a lawful duty. Therefore, if a postal worker, firefighter, or police officer is bit on the owner s property, the owner is strictly liable. Also, a person is considered to be lawfully on the private property of a dog owner if the person is expressly or impliedly invited by the owner. There are three types of people who go onto someone s property: an invitee, licensee, or trespasser. Trespassers cannot recover for injuries suffered from a dog bite An invitee is a person who is have an express or implied invitation to go onto someone s property. Invitees are able to recover for their injuries. The statute is vague about whether an uninvited licensee is able to file a claim under this statute An example of an uninvited licensee is a door to door salesman. It is important to contact an experienced dog bite injury attorney if you are bitten to see if you are covered or excluded from the status of people covered under the dog bite statute. 1 / 5

2 DOG INJURY LAW The Dog Injury Law makes the owners of dogs liable for any damage done by their dogs to a person or to an animal belonging to another person. It is required that the damage must be caused by a affirmative or aggressive act of the dog. An aggressive act would include barking, chasing, or jumping, or other acts of behavior by the dog that causes damage. DEFENSES TO DOG BITE AND DOG INJURY LIABILITY The owner of the dog has several legal defenses that can be argued. First, the owner can claim that the dog bite was caused by the bit person s own negligence. This may not be a total defense but can lower the amount of damages that are recoverable. An example of this defense is if the bit person was teasing or provoking the dog into biting. Second, the owner can be relieved of strict liability if there is a sign posted on his property saying "Bad Dog" or "Beware of Dog" However, whether this defense will be applicable depends on the specific circumstances of the case. It is important to contact an experienced dog bite injury lawyer if you are bitten or injured to see if any of these defenses would apply WHAT YOU SHOULD DO IF YOU ARE BIT OR INJURED BY A DOG 1 Get all information available about the owner including name, address, phone number, date of birth. 2 / 5

3 2 Get the names, addresses, and phone numbers of any potential witnesses. 3 Take photographs of any injuries or cuts that you may have suffered. If your injuries get worse over time, take additional pictures. 4 Take photographs of the scene of the dog attack if possible 5 Write down in as much detail as possible what you remember about the incident. Do this right away while your memory is fresh. 6 Seek medical attention immediately especially if you are bit because of rabies and other diseases carried by dogs. Make sure the treating doctors know you have been injured because of a dog. 7 Call an experienced dog bite injury attorney WHO PAYS FOR YOUR MEDICAL TREATMENT WHILE YOUR CASE IS PENDING There are normally two ways that your medical providers are paid while your case is pending. If you have health insurance, your health insurance will pay your medical bills while the case is pending. However, they will have a lien on any monies paid out of the recovery of your lawsuit. Another way for you to receive treatment is for your car accident injury attorney to give a Letter or Protection to your medical providers. This is like an IOU which promises to pay your doctors out of the proceeds of the settlement of your case. 3 / 5

4 DON'T HESITATE TO CALL If you are the victim of dog bite or other injury in Clearwater, New Port Richey, or anywhere else in the Tampa Bay area, don't hesitate to call an experienced dog bite injury lawyer. We offer FREE CONSULTATIONS and you to not have to pay for the services of your dog bite injury attorney unless we win your case. THREE CONVENIENT OFFICES Pinellas Office U.S. Hwy 19 N, St 505 Clearwater, FL Pasco Office 2150 Seven Springs Bvd. Trinity, FL / 5

5 Hillsborough Office 2203 North Lois Ave., Ste 900 Tampa, FL / 5