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Kids and Dog Bites In Florida, if your dog bites someone, including a kid, you are responsible to pay for medical bills and perhaps pain and suffering as well. Florida is what's called a “strict liability” state. If your dog bites a kid while the kid is in a public place or lawfully in a private place, including your property, you are liable for damages. It does NOT matter if the dog never bit anyone before and/or you did not know of the dog's violent tendencies. However, if the child who was bitten was negligent and caused the dog to bite them (except for kids under 6 years old), the recovery will be reduced by the child's percentage of negligence. If you have a dog, you should place a sign that says "Bad Dog" on your property. A "Beware of Dog" sign does not protect the dog owner under Florida law.
We all know a dog is man’s best friend. But are dogs always a kid’s best friend? Well, we all know how much kids love dogs. Unfortunately, dogs don’t always love them back. The Humane Society of the United States says it best when they state “many children love dogs with a passion, but they also need to learn to love dogs with caution.” According to the Humane Society, roughly 4.5 million people in the United States are bitten by dogs each year, and it is estimated that more than half of those victims are younger than 13 years of age. What's more, children are at least three times more likely than adults to sustain a serious dog bite. According to the American Veterinary Medical Association (AVMA), an estimated 4.7 million Americans will be bitten by dogs this year. Regrettably, children are the usual victims. The AVMA estimates that approximately 800,000 people each year are bitten by dogs, and require some form of medical treatment. Approximately 12 of these victims die. The emotional and physical scars from these attacks can last a lifetime. Some wounds often require plastic surgery. The medical costs can be overwhelming. As with any injury to children, prevention is always the best remedy. Parents should educate themselves and their children about the seriousness of dog bites and how to avoid them. However, despite your best efforts, your child can still be a dog bite victim. There are instances where it might be necessary to prove that the dog that bit your child had bitten someone before - thereby placing the owner on notice of the vicious tendencies of the animal. However, if the attack results in a serious or catastrophic injury to your child, the owner might be held strictly liable under the law for the injuries sustained. In matters involving strict liability, and what is considered serious bodily injury, it always better to consult with an attorney. If your child has sustained a dog bite through the negligence of another, call us at 561-686-6886.
As a board certified criminal lawyer, I represents clients charged
with serious federal and state criminal offenses, like felonies and
DUI, before federal criminal courts and state criminal courts in
West Palm Beach, Miami, Fort Lauderdale, Palm Beach, Jupiter, Boca
Raton, Wellington, Palm Beach Gardens, Stuart, Martin County, Fort
Pierce, Port St. Lucie, Vero Beach, Jacksonville, Tampa, Orlando,
Tallahassee, Key Largo, Key West, and all state criminal courts in
Florida and all federal criminal courts throughout the United States
of America. |
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