By far dogs are one of the most cherished household pets and they are common in every community. Dogs are animals that not only bring joy to the lives of many, but they serve our community through police services and handicap services. Unfortunately, some dogs are not approachable by strangers and some dogs can be aggressive without provocation. It is a fact that dogs attack people quite often.Here are some interesting statistics regarding dog bites:
? About 4.5 million people are bitten by dogs each year.
? Almost one in five of those who are bitten require medical attention. In 2006, a total of 885,000 people required medical attention for dog bite-related injuries.
? In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.
? The average hospital stay reported for a dog-bite injuries was 3.6 days.
http://www.cdc.gov/HomeandRecreationalSafety/Dog-Bites/biteprevention.html
A dog attack incident can be both traumatic and costly to the victim. In Florida, a dog bite victim has several legal grounds to recover damages against the owner of a dog that attacks. One can recover damages incurred due to a dog attack under common negligence. Additionally, one can recover under the Florida dog bite statute. Under Florida Statute §767.04, strict liability is imposed upon dog owners for a bite that causes injury to a human being.
Strict liability is a legal doctrine that makes dog owners responsible for the damages their dogs cause regardless of any “fault” on their part. In other words, under the Florida Statute, it does not matter if a property owner unintentionally allowed a dog to escape the confines of his or her property prior to the dog biting a victim, the law imposes liability on the owner regardless of fault. Moreover, even if a dog showed no indication in the past of visciousness, the owner is still responsible if the dog bites a person.
Under Florida Statute §767.01, dog owners are liable for the damages their dogs cause to humans. In certain circumstances an aggressive dog may not bite, but may knock a victim to the ground or scratch a victim causing significant injury. In those circumstances, the dog owner is still strictly liable for the damages their dog causes under §767.01.
When man’s best friend becomes his enemy, victims who have injuries do have remedies under Florida law. While most dogs are peaceful, it is impossible to predict which ones are not. To avoid the great majority of dog related attacks, it is a good rule of thumb to always exercise caution and be respectful while around other people’s dogs. One should never approach a strange dog. It is important to know your rights in the event that you, a friend, or a loved one suffers from a dog attack. Lesser, Lesser, Landy & Smith has been handling dog bite cases for decades.
The Florida statutes regarding dog bites and dog attacks can be found at:
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0767/titl0767.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%20767
For more CDC statistics on dog bites visit:
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5226a1.htm
