South Florida Injury Lawyers Blog

The recent injury of a woman in a Fort Lauderdale dog attack has brought the rules and liability of dog ownership into the news. The Miami Herald reports that the woman was attacked by two pit bulls and a Rottweiler in front of a Fort Lauderdale church.

Dog attacks are a startlingly common occurrence: 4.5 million people will be bitten by a dog this year, or about 1 of every 60 U.S. residents, according to the Centers for Disease Control and Prevention. Nearly a million victims will require medical attention and more than 30,000 will undergo reconstructive surgery. Tragically, children are the frequent victims, with kids ages 5 to 9 at the highest risk of being bitten by a dog.

In this case, the 44-year-old woman was walking in the 1100 block of North Andrews Avenue when the dogs ran out of a nearby yard -- through a gate that had been left open. Passersby came to the woman's rescue and were able to prevent the dogs from attacking her further.

Florida is a strict liability state, meaning an owner is liable for damages in a dog bite case, regardless of whether the dog has a history of aggression or the owner knew of its propensity to bite. However, negligence on the part of the victim can reduce the liability of a dog owner in direct proportion to a victim's responsibility for the incident. It is important to note that under Florida law a child under 6 has been legally determined to be incapable of committing negligence under the dog bite law -- meaning no actions of a small child can lessen an owner's liability in the event of an attack.

Legal grounds for damages include common law liability, negligence, negligence per se and intentional injury. Negligence per se deals with an owner's violation of a law or statute, such as a local leash law enacted to protect the public.

Our Fort Lauderdale injury lawyers understand that a dog attack frequently involves a beloved pet or the pet of a neighbor or family friend. In such cases, we can work in as amicable a manner as possible to file a claim against a homeowner's insurance policy. But it is important for parents and the victims of dog bites to understand the importance of formally filing a claim. Injuries from a dog bite can be very serious and can include scaring, infection and fear and other emotional issues, particularly in older adults or young children.