Miami Dog Bite Injury Lawyer
According to the Florida Department of Health, more than 600 people in Florida seek medical treatment for dog bites or attacks annually. While only a very small percentage of these attacks turn deadly, they leave many Miami residents nursing severe injuries. Children in the area are especially prone to dog attacks.
If you or a loved one was bitten by a dog and suffered a serious injury, call me, dog bite injury lawyer Jared Newman, today. Every case and every injury is unique, so I can take the time to speak with you to discuss your legal options. For a free consultation, call my firm, Jared Newman, Esq., today.
Are Pet Owners Liable For Dog Bites In Miami?
Under Florida law, Miami dog owners can be held responsible for the damage their pets cause to other people, domestic pets and livestock. Furthermore, dog owners can be held liable for any harm their dogs cause to another person on public property or an individual lawfully on private property. Under these circumstances, the owner is not required to have any previous knowledge of an animal’s vicious nature or behavior.
In some states, the law requires that a dog owner have some knowledge that their animal presents a danger to others. These types of laws are often referred to as “one-bite rules.” Under these laws, if a dog has never bitten a person before or shown signs of vicious behavior, a pet owner is not liable the first time a dog attacks someone. Fortunately, this is not the case in Miami.
Under Miami law, dog owners are subjected to strict liability for the behavior of their animals. Therefore, a dog owner does not have to have any previous knowledge of a dog’s behavior to be held liable for a dog bite. Miami residents do not have to suffer one “free bite” before someone has the right to hold a dog owner accountable. Another way Miami law protects residents from injuries caused by dogs is by requiring that pet owners keep their animals on leashes.
Therefore, in most cases, I would not be required to prove that an attack resulted from a lack of reasonable care. However, a plaintiff would still have to establish that they were bitten and injured by an unprovoked dog attack.
Comparative Negligence And Miami Dog Bites
Even though Miami law imposes a strict liability system when dealing with dog bite injuries, there are exceptions. A person has a legal right to seek financial compensation if they were bitten by a dog in a public place or while they were lawfully on private property. For example, if a person was bitten while walking along the beach or when invited to a neighbor’s pool party, they have legal recourse. However, if someone is trespassing on private property, then the dog owner would argue that any fault should lie solely on the trespassing plaintiff. However, this does completely shield an owner from liability. In situations where a person entered private property, ignored a “beware of dog” sign or even provoked an animal, the owner could still be held responsible for any injuries that occurred. Even if you do not believe you have a case, it is crucial to speak with an experienced Miami dog bite injury attorney.
Florida, and therefore Miami, follows the comparative negligence system in personal injury cases. Under this legal system, a judge or jury will apportion blame between all the parties involved in the case. The potential compensation award would reflect the relative faults of the plaintiff and defendant.
To illustrate this concept, imagine that you are walking down the street and accidentally trip over a dog. Reacting to your behavior, the dog bites your leg, causing significant damage. Because Miami has a strict liability law for dog bites, the owner automatically shares some of the blame. However, a jury could find that your conduct contributed to the dog attack. So, in this case, a jury might find that you were 10% liable for the injury, reducing any compensation award by that percentage. Therefore, if you were awarded $10,000, you would receive $9,000.
In cases where a plaintiff provoked a dog, they could still recover through Miami’s comparative negligence system. For example, if a person is trespassing and purposefully pulls a dog’s tail, which results in a bite, the owner will still be held liable under Miami’s strict liability law. However, in this case, the plaintiff’s behavior is far from innocent. A jury could find that the plaintiff was 95% at fault. Under Florida’s system, the plaintiff is still entitled to receive compensation. However, it will be reduced to only 5% of the total award. Therefore, even if you believe you were at fault, you should contact an experienced Miami dog bite attorney before admitting responsibility – especially as there could be mitigating or intervening factors.
Other Injuries Caused By Dogs In Miami
Miami’s strict liability law only pertains to dog bites. However, dogs could cause injuries in other ways. If a dog is off its leash and causes you to crash on a bicycle, you suffered an injury because of the dog’s behavior. Under these circumstances, it is still possible to hold the dog owner liable for your injuries, but the dog owner will not be held to strict liability. This means that I will have to prove that the owner was negligent or failed to use reasonable care in preventing their animal from hurting someone else.
Call My Firm For A Free Legal Consultation
Dogs are often playful. However, in some cases, they are dangerous and could bite an unsuspecting person. At Jared Newman, Esq., I represent individuals who have been hurt by a dog and work to hold negligent pet owners liable for their animals. Call my office to schedule a free consultation.
Common Legal Questions About Dog Bites
Dog bite incidents often lead to immediate legal concerns when injuries occur without warning and responsibility is not immediately clear. We regularly hear from people who want to know what rules apply, how fault is determined, and what steps matter early on. Florida law treats dog bite cases differently than many other injury claims, which can affect how compensation is pursued and what proof is required. These common legal questions help explain how liability works and what factors may influence a claim, including when strict rules apply and when conduct becomes important. For those searching for guidance from our Miami, FL dog bite lawyer, understanding these basics can make it easier to evaluate next steps after an incident.
What Does Strict Liability Mean In A Dog Bite Case?
Strict liability means the dog owner can be held responsible for injuries even if the dog had no prior history of aggression and the owner did nothing wrong. In Florida, this rule often applies when a person is lawfully on private property or bitten in a public place. We explain this because many people assume fault requires proof of careless behavior, but strict liability focuses on the injury itself and the ownership of the dog. Medical records, bite reports, and proof of ownership typically play a central role. Claims handled by a dog bite attorney often rely on these facts rather than prior warnings or past incidents.
How Is Negligence Different From Strict Liability In Dog Bite Claims?
Negligence focuses on conduct rather than ownership alone. This approach examines whether the dog owner failed to act reasonably, such as ignoring leash rules or allowing a known aggressive dog to roam freely. In cases where strict liability does not apply, negligence may become the primary theory used to pursue compensation. We often see this distinction arise in disputes involving warnings posted on property or situations where the injured person may not have had lawful access. Our Miami dog bite lawyer may review both theories to determine which applies based on the location and circumstances of the bite.
Does Strict Liability Apply If The Dog Never Bit Anyone Before?
Strict liability may still apply even when a dog has no prior history of aggressive behavior. Florida law does not require a prior bite or known behavior issue for liability to exist. This surprises many people, especially when the dog is described as friendly or well trained. The focus remains on whether the injured person had a legal right to be where the bite occurred and whether an actual injury resulted. In these situations, an animal attack lawyer often concentrates on documenting the incident rather than investigating the dog’s history.
When Does Negligence Need To Be Proven After A Dog Bite?
Negligence usually becomes relevant when strict liability is limited or challenged. For example, if warning signs were clearly posted or if the injured person was trespassing, the claim may require proof that the owner acted unreasonably. Evidence may include witness statements, leash violations, or failure to control the animal. These cases can be more fact driven and depend on how the dog was handled at the time. A canine injury attorney may analyze whether the owner’s actions increased the risk of harm beyond what the law allows.
Can A Dog Owner Be Liable Even If They Were Careful?
Yes, liability can still exist even when an owner believes they acted responsibly. Under strict liability, careful behavior does not automatically prevent responsibility for injuries. Courts often look at whether legal requirements were met rather than personal intentions. This means owners may face claims even when no mistake is obvious. We emphasize this point because it explains why dog bite cases are not decided solely on fault or blame.
How Strict Liability And Negligence Affect Recovery
Guidance from a Miami dog bite lawyer often centers on how these rules apply in real situations and which records help support a claim. Taking action early can help preserve records, clarify liability, and avoid unnecessary disputes with insurers. We encourage injured individuals to seek legal guidance promptly to discuss how Florida law applies to their situation and what options may be available moving forward. Accountability and clarity remain central to the approach taken by Newman Injury Law, PLLC.
Client Review
"A friend recommended Attorney Jared Newman after I was involved in a car accident. From the start Jared has been absolutely amazing. From staying in constant contact with me with updates on my case, to explaining things I didn’t understand, to getting me the best outcome possible, he has not disappointed. I’m glad I made the right decision with Jared Newman and I’m definitely keeping his number saved for anything in the future."
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