The Legalities of a Dog Attack in Port Charlotte

Were you aware that an average of two Floridians die each year from injuries sustained by a dog bite? In addition, over 600 Floridians end up hospitalized due to their injuries following a dog attack.

According to the Florida Department of Health, children between the ages of 1 and 9 are at the highest risk for dog bites, and children under 10 are more likely to be bitten on the head or neck. These staggering statistics should show the importance of safety when around dogs, especially for your children.

Here are our tips for properly handling a dog attack in Port Charlotte, along with the legalities involved in a dog attack.

Remain Calm

The best thing you can do in the event of a dog attack is to remain calm. If you think a dog might attack, then there is a good possibility they will. Dogs react to a human’s fears, so avoid running from the dog or displaying other acts of aggression toward it.

Find a Distraction

The next best thing to do is try to distract the dog. If you have a purse or can reach a large stick, use these items to keep the dog away from you as much as possible. Any kind of diversion to get away from the dog is important.

Be Still

Suppose you run into an aggressive dog while on a walk or outside your home; keep still. The dog will sense this lack of movement, perceive you as a non-threat and move on. It can also cause the dog to become disinterested in engaging with you at all. It goes against their hunting instincts because they know prey should run from them.

Florida Dog Bite Laws

Florida is considered a strict liability state. This means the dog owner can be held liable for a dog bite, even if they weren’t aware of their dog’s aggressive nature beforehand. Florida dog bite laws also don’t require that the victim of the bite prove their injuries were actually the result of the dog owner’s negligence.

Who Reports Dog Bites?

Doctors are required to report dog bites in Florida. Any kind of animal exposure involving a known, suspected, or possibly rabid animal should also be reported to the Florida Department of Health.

Does My Homeowner’s Insurance Cover Dog Bites?

This is a big question for dog owners facing a lawsuit due to a dog bite incident. Florida Statute 767.04 authorizes the dog bite victim to recover damages from the owner. When the victim receives the damages in a lawsuit, the owner often also covers the cost with their homeowner’s insurance. So, yes. In some cases, their insurance coverage does apply.

Who Is Legally Responsible?

According to the dog bite statute, the dog owner is legally responsible for any injury or property damage caused by the dog, including when there is no provocation. Some states have a one-bite rule, but Florida is not included. Instead, they make the dog owner strictly liable for any damages caused by their dog.

Defending a Dog Bite Case

So, how do you properly handle a dog bite case in Port Charlotte? If the dog was provoked in any way by the dog bite victim, then the dog owner may not be held liable for the damages. Was the victim teasing the dog or hitting it before the attack? This is unreasonable and careless behavior.

These cases can be hard to prove and challenging to navigate without the experience of a knowledgeable dog bite attorney in Port Charlotte.