Does Every State Follow Strict Liability For Animal Cases?
If you are wondering if strict liability is true in every US state, the answer is no. How animal cases, such as dog bites, are handled is determined under state laws. Some states, for example, have a level of protections in place for dog owners if the dog bite was the first time their animal caused injury. This is connected to the idea that the animal owner did not realize their dog was a danger to others. In Florida, strict liability is followed. The state does not adhere to the one-bite rule that is in place in other states.
Florida statutes make it clear that dog owners are liable for damages suffered, whether the animal’s past behavior indicated risk or not. If the bite victim was at a location they were legally permitted to be, a dog owner will likely be held liable. If you were bit by a dog or if you are a dog owner who is being accused of negligence, learn about your rights through a discussion with a Miami personal injury lawyer.
How Can I Prove Strict Liability?
To be sure you are able to access the compensation you need following a Florida dog bite injury, it needs to be proven that you did not do anything to provoke the attack and that you were lawfully on the property where the bite took place. Some examples of where dog bites happen include in public parks or on the property of the animal owner. Clearly you have a legal right to be in a public park, and if the dog owner invited you onto their property, you are legally there as well.
Damage compensation will be directly related to injury expenses. In most situations this includes medical care and any prescriptions needed in order to heal from the event. These expenses are relatively simple to track. If you want to seek emotional damages, documentation can be more challenging. Seek mental health care and save all your records to help strengthen your claim as often psychological concerns are more likely to be denied or reduced than tangible, economic losses.
Are There Defense Strategies?
There are a couple of defense strategies available for dog owners. Provocation is often cited as the reason a dog owner should not be held accountable. Additionally, a dog owner could claim you were illegally on the property where you were bitten.
Animal attack victims seeking damage recovery and dog owners hoping to shield themselves from financial loss need the guidance of a talented attorney. Connect with a Miami personal injury lawyer to learn more about your options.
What does strict liability mean for you? If you have questions after an animal attack, you need to talk to a knowledgeable Florida dog bite lawyer. Every case is unique, and our lawyers can provide you with the information you need during a free initial consultation. Once you share the specifics of your case, if monetary damages are possible can be determined. The attorneys at Spencer Morgan Law know how much claims are worth and have years of experience fighting for client rights. Contact us today at 305-423-3800 to schedule your first meeting.