Palm Beach Gardens Dog Bite Lawyer

A serious dog attack is not simply frightening. It can leave permanent scars, nerve damage, infection and psychological trauma.

Florida also has specific laws governing dog-bite liability that differ from ordinary negligence cases.

The Law Office of Matthew Konecky, P.A. represents injured people throughout Palm Beach County, including Palm Beach Gardens, West Palm Beach and Jupiter.

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Understanding Florida Dog Bite Laws

Florida Statute 767.04 holds dog owners liable when their animal bites or injures someone. The Florida dog bite law directly states:

"The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness."

This law allows for the ability to recover compensation for losses caused by a dog bite, even if the dog's owner was unaware of the animal's aggressive tendencies. If it is found that the owner was aware of the dog's aggression and failed to take precautions to protect you, you may be able to make a claim based on the owner's negligent failure to avoid injury.  In other words, the owner of a dog can be held liable just as they can with a weapon such as a loaded gun. 

Who is Liable for a Dog Bite?

In Florida, you are responsible if your dog bites someone, kinda no matter what. However, there are some instances where liability doesn’t apply to the owner. In the video below, experienced Palm Beach Gardens dog bite attorney Matthew Konecky explains liability concerns for canine attacks in Florida.

Does a Dog Get "One Free Bite" in Florida?

No general rule gives every Florida dog one free bite before its owner can be responsible.

Prior aggressive behavior can certainly be important evidence in some cases, but Florida's dog-bite statute does not simply require a victim to prove that the dog had bitten someone before.

I Was Bitten by a Dog, But The Owner Had a “Bad Dog” Sign Posted

Florida Statute 767.04 has one exception in terms of dog bite liability. This provision states: 

"However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words “Bad Dog."

If the dog's owner has an obvious and readable sign that warns individuals that their dog is dangerous, they may not be held liable. With the help of a West Palm Beach dog bite lawyer, it is important to analyze questions such as: 

• Was the victim age six or older?
• Where did the dog bite occur? (Public or private property)
• Was a "Bad Dog" or "Beware of Dog" sign displayed in a prominent place?
• Was the sign readable? 
• Did the victim read the sign? 

Exceptions to the "Bad Dog" Sign Rule

Despite having a sign that reads "Bad Dog," the facts and circumstances of the case can still lead to a claim. No matter the breed of the dog, even if the dog is not aggressive, having a "Bad Dog" sign can help reduce liability in the event of that dog injuring another individual. If a dog bit you in a public area, or your dog has injured someone in public however, you are entirely liable for that individual's injury. If you were bitten by your neighbor's dog on their property, for example, you can potentially recover compensation through their homeowner's insurance policy.

What If the Victim Was Partially Responsible?

Florida's dog-bite statute addresses comparative negligence.

If the injured person's negligence contributed to the biting incident, damages may be reduced according to the percentage of negligence attributable to that person.

Dog-bite cases can therefore involve factual disputes over what happened immediately before the attack.

Gathering Evidence After a Canine Attack

If you were bitten by a dog in Florida, it is important to begin gathering relevant information as soon as possible after receiving proper medical attention. It is imperative to note the time, date, and location of the dog bite as well as statements from anyone who may have witnessed the attack. Some additional information to collect can be:

• Owner of the animal's information
• Photos of the animal
• Photos of the injury(s)
• Proof of rabies vaccination (from the owner of the animal)
• Dog license information (dogs 4 months and older must be licensed and wear a tag in Florida)
• Information regarding any past dog bite incidents

Injuries From Dog Attacks

A dog does not necessarily have to inflict a single deep bite to cause serious harm.

Claims may involve:

• Facial scarring
• Lacerations
• Puncture wounds
• Tendon or nerve injuries
• Infection
• Fractures caused by falling during an attack
• Plastic or reconstructive surgery
• Psychological injuries

Children can be particularly vulnerable to facial injuries because of their height relative to a dog.

Who Pays for a Florida Dog Bite?

A major issue is identifying available insurance.

Depending upon the circumstances, homeowners, renters or other liability insurance may potentially provide coverage. Policy exclusions and coverage disputes can complicate the analysis.

Identifying coverage should be part of the early investigation.

How Long Do I Have to Bring a Florida Dog Bite Claim?

Florida limitation periods have changed in recent years, and the correct deadline depends on the legal theory, date the claim accrued and specific circumstances.

Do not rely on an older website saying that every Florida personal injury case has a four-year deadline.  Two years is typically the time frame to bring an action.

Prompt legal review is safer, particularly because evidence and insurance information should be preserved early.

Florida Dog Bite FAQs

Does the dog have to be classified as dangerous first?

Not necessarily. A statutory dog-bite claim does not simply depend upon a prior dangerous-dog designation.

Can a child have a dog-bite claim?

Yes. Dog attacks involving children can be particularly serious because of facial injuries, permanent scarring and emotional effects.

What if I was bitten at someone's house?

Being on private property does not by itself prevent recovery. One issue is whether you were lawfully there.

Can I recover for a scar?

Permanent scarring and disfigurement can be significant components of damages, depending upon the evidence and circumstances.

Does homeowners insurance cover dog bites?

It sometimes does, but coverage depends upon the policy. Some insurers or policies impose breed restrictions or animal-liability exclusions.

How to Find the Best Dog Bite Attorney in Palm Beach Gardens

There are several ways you can attempt to find the best Palm Beach Gardens dog bite attorney to represent you, including:

• Read Online Reviews. One of the best things you can do is read testimonials from previous clients. It will give you a unique insight into the client/lawyer relationship you can expect.
• Turn to Family and Friends. You trust your friends and family more than anyone, so why not ask if they have any recommendations? Unlike the technique above, where you're reading testimonials from strangers, getting a good review from a loved one can have a bigger impact on your decision.
• Set Up Consultations. Most of, if not all, personal injury attorneys will offer free case evaluations. Take advantage of these. Whether in-person or over the phone, be curious. Ask questions, lots of them. Ask about their experience with dog bite cases. Not every injury attorney takes on these kinds of cases, so you must find one that has had success dealing with similar cases.

While there are other methods of vetting potential attorneys, these three are a good jumping-off point for anyone beginning their initial search.

Talk to a Palm Beach County Dog Bite Attorney

If you or your child suffered a serious dog bite or animal attack, contact The Law Office of Matthew Konecky, P.A. We can evaluate how the attack occurred, potential liability and available insurance coverage.

If a dog attacked you or your loved one, contact us online by clicking the button above or calling (561) 671-5995 to speak with a valued member of our personal injury law firm.