Florida Injury Lawyer Blog

Sometimes, even with the best intentions and the best precautions, a dog will bite. If you've sustained a dog bite or if your child has stained dog bites, make sure that you not only seek the appropriate treatment, but that you also protect yourself legally as well. If you have been bitten by a dog:

1) Contact the authorities at once. While your first instinct may be to confront the dog's owner, this is often inadvisable. Some owners are very reluctant to help the victim of dog bites, and some dog owners actually become aggressive when their pets are accused of biting. If you can, detain the dog or take a picture of the dog’s collar or note the dog’s collar number, location, or any other information that can help in identifying the dog. Contact the authorities at once -- they can often help identify the dog, gather evidence, and get you immediate medical assistance. They can also gather evidence about whether the dog has had all their vaccinations or not.

2) Seek medical attention immediately. You should visit a doctor or an emergency room -- if doctors’ offices are closed -- immediately after a dog bite. Even if your dog bites do not seem to be very severe, you may need a course of antibiotics or rabies shots to keep you safe. If you've been exposed to rabies, it is important to start a course of rabies treatment immediately. Even if you've not been exposed to rabies, dog bites can easily become infected, and medical treatment is often necessary to ensure your safety.

3) Start documentation. As soon as possible after the dog attack, start gathering as much information as possible. Take photographs of the home where the dog attack occurred, the dog itself, and your injuries. Gather medical documents, contact information for any witnesses, and start keeping a personal diary about your injuries and about the money you have to spend on treatment. If you pay for any medication or lose any work time due to injury, make sure that you record this and gather evidence of it if possible.

4) Contact a qualified attorney. Florida law protects its citizens from dog attacks. If you have been attacked by a dog have suffered a personal injury, have lost wages, or have suffered other losses as a result of your attack, the law makes provisions so that you do not have to pay these costs out of pocket. Contacting a qualified attorney immediately after your attack ensures that you have all the legal information you need to make an informed decision about what you would like to do next.

Keep in mind that contacting an attorney often costs nothing upfront. The law offices of Flaxman and Lopez, for example, offer a free, no obligation consultation with you in your home, office, or hospital room. We can help you understand all your options so that you can select the option for you.

Dog bites are a serious problem across the country and across the state each year. Each year, 4.5 million people are victims of dog bites. One in five bite victims require medical attention due to personal injury caused by the bite. While many people have the common sense to stay away from an aggressive, dangerous dog, even well-mannered and friendly dogs can suddenly bite. .

Bites are a special concern because they so often cause injuries to children and minors. Children are often drawn to animals and wish to pet them. They also often have less understanding about the signs of aggression in a dog and may not know how to get away in the event that a dog becomes aggressive. They are often more trusting of a strange animal as well. Unfortunately, because of their relatively smaller size, children can sustain much more serious brain injuries, facial disfigurement, and other serious personal injuries due to a dog attack.

If you are a dog owner, it is your responsibility to ensure that your dog does not bite somebody. It is important to never let your pet out without a leash. Spaying or neutering your pet can make your dog far less aggressive and can help reduce the possibility of a dog attack. If you're visiting a family with a young child or baby, or if children are visiting your home, never leave the dog unattended with the children. Children will sometimes inadvertently tease an animal, causing it to bite.

There are many things that dog owners can do to help ensure that their dogs are socialized to bite less. If you get your dog as a puppy, avoid playing aggressive or rough games with your pet. Inadvertently, this can teach your dog that biting or other aggressive behavior is acceptable. If you get your dog as an adult, consider obedience classes and a professional trainer to promote good behavior. Make sure that your dog gets plenty of social activity -- such as playing with other dogs or long walks -- as this can make your dog less liable to bite.

It is not just the owner’s responsibility to prevent fights. People approaching a dog should also take certain steps to prevent dog bites. It is important, for example, never to cross a fence or enter a gate where dogs are present. Many dogs are very territorial and will bite to defend their territory. If you wish to pet a dog, make sure that you ask the owner. Some dogs are aggressive or are ill and may bite. Never approach a dog that is sleeping or eating.

If a dog approaches you and you are worried about a dog attack, avoid shouting or running. Remain calm. Remain motionless and avoid all contact with the dog, as dogs will often see eye contact as a sign of aggression. Remain still until the dog loses interest and walks away.

According to the American Veterinary Medical Association (AVMA), dog attacks are the leading public-health problem of children, and a leading cause of injuries to minors and children. In fact, according to the organization, more than half of children will be bitten by a dog before reaching age 12. These injuries often are far more serious than a nip on the hand. In some cases, dog bites can result in brain injury, permanent disfigurement, and even death. In addition to the personal pain caused by canine attacks, lawsuits and criminal prosecution can be the end result for pet owners.

While most parents know how important it is to teach their children to be cautious of strange dogs, most childhood victims are bitten by dogs who are close to them. In fact, dogs owned by a child's family and friends are the most likely culprits.

There are several things that parents can do to help prevent dog bites:

1) If your family owns a dog, socialize it out so that it feels comfortable with other animals and people. Keep the dog in calm situations and immediately remove it from any situation where it feels teased or threatened. Always keep your dog on a leash and take your dog to obedience school so that it is well trained. Also, take your dog to the vet regularly and make sure that your dog stays healthy. A family dog will even bite its owners if it is sick, injured, or in pain.

2) Teach your child to react correctly when approached by a dog. Teach your child to never run away from a dog, as this can encourage the dog to chase after the child. Show your child how to stay still until the dog leaves, or show the child how to back away slowly until he or she can no longer see the dog.

3) Practice with your child what to do in case of a dog attack. Make sure that you practice with your child so that your child knows to remain calm and avoid eye contact with the dog. Also, practice what might happen during a dog attack in which the child is knocked to the ground or falls to the ground. Teach your child to curl up into a ball, and to place their hands over their heads and necks to protect the face and head area. Practice this with your child until your child knows what to do. This is very important, since your child will likely be very frightened in the event of a dog attack and will be unlikely to remember anything you have told them. Your child is more likely to remember something you have practiced extensively.

4) Take a first aid course so that you know what to do in the event of a dog bite. Consider enrolling your child for a youngster’s version of the same course. If your child is attacked by a dog, knowing what to do can help you minimize possible injuries and can give your child a better chance of recovery.

Dog bite inhibition refers to teaching dogs to control the force of their bite. It is important that owners teach their puppies this skill during the first few months of life. In many cases, puppies learn bite inhibition naturally from their mother or other puppies. Mother dogs will push a puppy over or walk away if the puppy bites down while feeding. The puppy learns that he or she must not bite in order to get fed. When playing with other puppies, the puppy that bites too hard finds fewer playmates and more fights, and so learns to control biting.

In the first 2 to 4 months of life, if a puppy is with his mother or spends time with other puppies, bite inhibition will be learned. However, if your puppy is separated from its mother and littermates too soon, it may not learn about bite inhibition. Group obedience class and interaction with other dogs is one way to ensure that your puppy learns bite inhibition.

It is important to teach your puppy bite inhibition because you may be held liable if your dog injures someone. Additionally, a puppy that has not learned bite inhibition can be a serious threat to others. A dog that bites can cause serious personal injury and can even cause head injuries to children. If your dog bites someone, you may not only face legal problems, but you may lose your pet as well.

The problem with dog bites is that dogs can bite in play as well as in fear or anger. Dogs bite in aggression when they growl and act aggressively. However, they may also bite hard in play. This is because dogs use their mouths the way we use our hands – to interact and make contact with others. When they get too excited, they will sometimes bite down too hard, in much the same way that we sometimes get clumsy with our own hands. It is important that you teach your dog to not bite hard in play as well as in aggression. A bite inflicted during play can cause an injury just like a bite inflicted in aggression.

If you have a puppy, you can teach it to bite less by reacting like another puppy. If your puppy clamps down hard during play, let out a yelp and stop playing with the puppy. Walk away and ignore the puppy. Over time – it may take weeks – the puppy will learn to bite less and will bite less aggressively as well. This technique is good because it mimics the way puppies generally learn bite inhibition. Just make sure that everyone is consistent in using this technique with the puppy.

Another good option is to use only dog toys to play with your dog. This teaches your puppy not to see people’s hands as toys that can be bitten. Also, giving your dog toys allows your puppy to satisfy the desire to gnaw and chew in a safe way. If these methods do not work, seek professional help from a trainer.

Dog bites tend to be the most common types of animal attacks, in part because so many people in Florida and across the country own dogs as pets. Whether you want to reduce the risk of being bitten by your own dog or by someone else’s pet, be sure to follow these steps for increasing your personal safety:

1) Do not disturb a dog when it is more likely to bite. A dog that is sleeping, caring for puppies, or eating is more likely to bit when disturbed. Teach children not to approach dogs at these times.

2) Avoid running near dogs. A dog’s natural instinct is to chase after and catch things. In addition, most dogs become increasingly aggressive or excited when they are running after someone or something they cannot catch. If a dog chases after you and catches you, they may bite to try to show that they have caught you.

3) If you are threatened by a dog or a dog approaches you to sniff you, remain calm and still. Moving around or using a loud voice can aggravate the animal, making it more prone to biting. In many cases, a dog that is kept as a pet will simply wander away when they see that you do not pose a threat.

4) If a dog attacks you or knocks you to the ground, curl your body up into a ball and cover your head and neck as well as your face as well as you can. The biggest threat in a dog attack is the risk of brain injury and facial injury, which can happen when a large and powerful dog attacks your head area. Therefore, your aim when attacked by a dog is to minimize any personal injury. If you speak to the animal, speak firmly and calmly. Avoid making eye contact with the dog, as that might aggravate the animal further. Stay still until the dog leaves or wanders away. At that time, back away slowly until the dog is no longer in your sight.

5) Do not turn your back on an attacking dog. Face the dog at all times and stay as calm as you can. If you have been attacked, get away from the dog if you can and seek help.

In Florida and across the country, children are the most common victims of dog bites and attacks. There are many reasons for this, including the fact that many children and infants simply do not know how to act around dogs and may inadvertently make the dog feel threatened, causing the animal to attack. Experts agree that there are many things that parents can do to help avoid serious injuries that can occur with dog bites. This is especially important since children are more likely to suffer serious personal injury as a result of dog bites. For example, since dogs can be easily reach a child's face and head, severe scarring and even brain injuries can occur when a child is bitten by an animal.

If you want to own a dog for a pet, you will need to select the breed carefully, since children are statistically more likely to be bitten by their own dog. Speak with the veterinarian to learn about dog breeds and select one that will be least aggressive. The least aggressive possible dogs are neutered male dogs, so consider getting this type of pet, especially if you have small children.

Once you brought your dog into your home, take it to obedience school in order to train it how to behave around children. Make sure that your pet is regularly checked by a veterinarian and all immunizations are up-to-date. It is equally important, to teach your children how to behave around dogs. For example, you should always teach your children to never approach a dog -- and that includes the family pet -- when it is sleeping, eating, or caring for puppies.

Do not leave young children alone with the dog, even if the animal is the family pet. Supervised play should be encouraged, especially at the beginning when children and the pet have not yet become accustomed to one another. Similarly, it is important to always supervise children around the pet when your child's friends come over. Even if the animal is used to your own children, it may still react negatively when new children come into the home and are excited and loud around the dog.

If you have introduced a dog into your home, your children may feel more comfortable around dogs. Therefore, it is important to teach your children to never approach strange dogs. Explain that other dogs may not be as gentle natured or as used to them as the family pet is. Have children report any stray dogs or playing with any dogs to you.

Be sure to also teach children how to properly approach a dog. Show your children that it's important to let a dog first sniff them before they attempt to pet it. You should also instruct children not to tease dogs. This is important, because what many pet owners would see as “teasing” many children would simply see as playing with the dog. It's important that children know the difference. Similarly, it is important that children are taught not to play aggressively with the dog. Trying to wrestle with the family puppy, for example, will encourage that puppy to continue roughhousing even as it grows in size. This can lead to inadvertent biting as the dog grows up.

In Florida, dog bites occur every day. If you own a pet, your dog might bite either you or someone else. What you will want to do will depend on whether someone else is involved and on whether the bite can be explained. If your dog has bitten someone else:

1) Remove your dog from the scene of the attack at once. Restrain your pet and confine it.

2) Help the victim of the bite. Even if the bite occurred because the victim was teasing your dog, make sure that the victim seeks medical advice and knows the importance of washing any wounds with soap and water. If the personal injury seems severe, for example if it appears that the victim has suffered brain injury or some other serious injury as a result of the attack, call 911.

3) To either the victim or the paramedics, provide your name, address, information about your pet’s most recent vaccinations against rabies and other diseases, and other important information. Unfortunately, if your pet has not had rabies vaccination updated, local laws may require that your pet be euthanized or quarantined for rabies testing. In this situation, the victim of the bite will need to undergo treatment for rabies.

4) Always report the dog bite. Your local laws will stipulate who you should report the bite too.

5) Take your dog to the veterinarian to discuss the situation further. Your vet may have some tips about preventing similar behavioural problems in the future. If the dog attack seems to come from nowhere, your vet should test your pet for possible illnesses that may have provoked the attack. In some cases, pets who are in severe pain will be more prone to biting.

If your dog bites you, you should:

1) Call your veterinarian to determine whether your dog’s vaccinations are up-to-date and schedule appointments with the veterinarian can see whether there is an illness that may result in your pet’s unusual behaviour. If your pet's vaccinations are not up to date, you need to go to see your doctor in order to get rabies treatment.

2) Get first aid for the wound. Wash the wound with soap and water or visit your local emergency room if the injury seems severe.

3) Consider seeking obedience classes for your pet to prevent similar incidents from occurring in the future.

No one likes to think that their dog is capable of attacking, but even the most charming dogs can bite. Some owners promote aggression in their pets by allowing aggression to go unchecked. As a result, almost 800,000 the Americans each year require medical attention for dog bites. Each year, about a dozen people die as a result of their dog bites, and according to statistics many people simply do not report the personal injuries they suffer from dog attacks, so the numbers of dog bites are actually much higher.

Many people are bitten by either their own dog or by a dog that they know, but dog bites can occur from any canine. Children are far more likely to be bitten by dogs, and service providers and the elderly are also more likely to be bitten by dogs.

If you own a dog, you have a serious responsibility to prevent aggression. You should always think carefully before purchasing a dog. Talk to a veterinarian and several breeders to find a dog breed that suits your personality and is not aggressive. Where possible, always buy a young puppy and make sure that it is socialized properly. Train your puppy to feel comfortable around people and other animals. Always make sure that your puppy feels comfortable and is never teased or threatened. Take your puppy to obedience school and have it trained properly so that it is not aggressive.

If you have children, it is advisable that you wait until the children are over four years old before a dog is introduced into the home. It is a bad idea to have a young dog and a baby in the same house. You should never leave a baby alone with a dog, and younger children can inadvertently tease a dog, provoking it to bite.

When you do bring a dog into your home, make sure that you avoid aggressive and highly excitable games. Tug-of-war and wrestling games can encourage aggression in your dog. If you do see signs of aggression in your dog, make sure that you seek the help of a professional trainer or veterinarian to try to correct the problem. In public, use a leash and the muzzle, if necessary, in order to keep your dog safe.

Another way of ensuring that your dog does not fight anyone is to keep your dog healthy. Unhealthy dogs are far more likely to bite. You should also have your dog vaccinated against infectious diseases and rabies. These diseases can sometimes make your dog more prone to biting, and can spread infection from your dog to others. A healthy, happy dog is far less likely to bite. You also want to neuter your dog, since neutered dogs are three times less likely to bite, according to most research.

Florida is a state with many animals, pets, and wildlife. While this makes the land extraordinarily beautiful and pleasant to live in, it can also be a hazard. In the United States, millions of people annually are bitten by animals. In most cases, bites occur on the dominant hand. However, animal bites can also occur in the neck and head area. Animal bites can be quite a serious problem. They can pass on rabies and other illnesses. In some cases, animal bites require extensive and expensive cosmetic surgery as well as rehabilitation. Bites can affect the mobility of a person and can even lead to brain injuries. Unfortunately, children are most affected by animal bites, and they are the ones most likely to suffer serious injuries. Every year, serious injuries to minors and children are due to animal bites.

Most animal bites that occur in Florida and across the country are from dogs. However, bites from wild animals are a close second common cause of bites. Bites from wild animals are a problem because the risk of infection is much higher with these animal bites. Although many pets in the United States are vaccinated, animal bites from wild animals do carry the risk of rabies. Wild animals such as raccoons, skunks, bats, and other animals also do bite and can transmit rabies.

Bites do not have to break the skin in order to be dangerous. Animals can tear, crush, and damage ligaments, tendons, muscles, bones, and nerves, even if the skin is not broken. When the skin is broken during an animal attack, the additional risk of infection must be considered. If you have suffered from animal bites, and experience swelling, pain, a sense of warmth, or redness around the wound, you may have an infection. It is important to see a medical professional in order to determine whether you are infected. Even if you have no symptoms, it is wise to see a physician. A doctor can determine whether there has been any permanent or lasting damage as a result of your bite wound. In some cases, infection does not have obvious symptoms, and delaying treatment can complicate your situation considerably.

If you have suffered an animal bite and have a loss of feeling near the wound or have difficulty bending or straightening the limbs near the wound, you may have injured nerves or tendons as a result of the bite. Again, it is important to seek medical professional help in order to get treatment immediately so that rehabilitation can occur.

When dealing with animal bites, it is always better to be safe than sorry. Seek a qualified physician right away. If possible, bring the animal or the remains of the animal with you as well as details about the incident. The physician will ask you how the bite was received and will wash the area thoroughly. A qualified physician will also check for signs of infection, or for indications of tendon or nerve damage. If there are any signs of a problem, a physician can begin treatment right away.

If you have been bitten by an animal, you should contact your local public health department. This department can help you locate the animal and can help ensure that the animal is safely removed from the public, so that it cannot bite others. If you have been bitten by an animal, you may also wish to contact a qualified Florida attorney. If you have been bitten by a pet, the pet owner is responsible for your injuries. If you have suffered lost wages as a result of your bites, or require extensive medical treatment, the law ensures that you can get financial help in paying for these additional costs.

Each year, Florida personal injury attorneys see potential clients who have suffered serious injury due to a dog bite. These injury victims may face long recovery times, lost income, permanent injury or disfigurement, or huge hospital bills. Despite all this, many Florida lawyers see victims who have made mistakes that can impair their ability to make a claim. The actions that victims take immediately after a dog bite can help immensely when it is time to seek assistance, most attorneys agree. If you or a loved one is bitten by a dog, here are the steps that should be taken:

1) Seek safety. Always get out of a dangerous situation first. A dog that has inflicted even a minor wound can come back and continue to bite or attack, so seek shelter and safety first. Get away from the dog.

2) Try to identify the dog. Try to determine who owns the dog, take a picture of the animal, note the address where the attack took place, and get a good physical description of the dog. This is very important in case the dog may have rabies.

3) Do not get into an altercation with the dog owner. Many owners will defend their dogs and will simply suggest that you provoked the animal. Arguing will not help you.

4) Do not make any statements or sign any papers about the case. Insurance companies, the dog owner, or the property owner may put pressure on you to make a formal statement about happen. This may help them avoid liability for your injury. Never sign or say anything without an attorney’s representation.

5) File a police report. The authorities can investigate what has happened and can work to ensure that others are not injured by the same dog. A police report also starts a paper trail about the case.

6) Get medical help at once. Dog bites and dog-related injuries can get infected and can scar quite badly. Some dogs may have rabies or other illnesses. Getting help ensures that you won’t experience complications down the road.

Continue reading "Florida Dog Bites Are a Big Problem – Here’s What to Do if You are Affected" »

Dog bites get a lot of media attention, especially when they cause injuries to minors and children. However, bites are not the only dog-related injuries that need to be considered. Each year, Florida attorneys see many personal injury cases related to dogs, and some of these do not involve bites. The fact is, dogs can knock people over, cause car accidents, upset bicycles, and can cause injury with their claws. In all these cases, owners can be held liable for the injuries their pets can cause.

Dogs that knock people over can cause serious injuries. In fact, being knocked over by a dog can cause some of the same serious injuries as a slip and fall accident. Victims can experience broken bones and even serious injuries such as spinal cord injuries and brain injuries. Plus, in many cases when a dog knocks someone down, the dog will climb up on the prone person. This can cause further injuries, and even internal injuries, especially if the dog is large.

Although dogs do not have sharp claws, they can claw or scratch people. Since large dogs often have more physical strength than a cat or other small animal, dog scratches can be deep and can lead to disfigurement. Some scratches require medical treatment and some can become infected.

Dogs can also be a danger on the road. Dogs will sometimes chase bicycles or cars, causing accidents on the road. Cars will sometimes swerve to avoid a dog, only to cause a fatal accident. Bicyclists also need to watch out for dogs that are not on a leash. Dogs will sometimes jump up on the handlebars or become tangled up in the wheels, causing an accident. Each year, road accidents caused by dogs result in fatalities and serious injuries.

You do not have to be bitten by a dog to have a personal injury case. If a dog has caused a personal injury that is costing you lost income or excessive medical expenses, you have a right under the law to seek legal help. A qualified Florida attorney can help ensure that you get all the assistance you are entitled to.

Dog bites affect thousands of people in Florida each year. Dog bites are a problem for both adults and children. They can lead to disfiguring personal injuries, permanent muscle injuries, and psychological trauma. In cases involving small children, dog bites can even prove fatal.

In the summer, dog bites in Florida can be a more common issue. The pleasant summer days can mean that more pet owners leave their dogs outdoors unattended and more people are out enjoying the excellent weather as well. This means that pets and humans come into contact more often, creating more opportunities for dog bites. Experts suggest a few basic guidelines to prevent dog bites:

1) Never assume that a dog will not bite. Even seemingly pleasant dogs will sometimes lash out. It is best to only pet a dog when the owner is present. It is also important to ask the owner's permission before trying to touch or pet a dog. The owner can warn you about a dog’s bad temperament or tendency to bite.

2) Do not make sudden moves around a dog. Once the owner is present and has given permission to touch or pet the dog, always approach the animal slowly. Always offer the back of your hand for the dog to sniff before attempting to make any contact.

3) Recognize bad times to pet or touch a dog. Never approach or attempt to touch a dog that is sleeping or eating. You may startle the animal into biting. Also, avoid approaching or touching a dog that has puppies. Dogs can be more prone to biting when they are disturbed while eating, sleeping, or nursing.

4) Never leave a child alone with a dog.

5) Know what behaviour can lead to biting. Avoid approaching a dog that is in a small or enclosed space. In this situation, your approach may seem threatening to the animal. Also, avoid staring into the dog’s eyes or engaging in rough play.

Continue reading "Florida Dog Bite Prevention Is Crucial in the Summer" »

Florida attorneys who have worked with clients who have suffered a dog attack know how frightening and difficult a dog bite can be. In addition to the pain experienced, most dog attacks occur suddenly and quickly, leaving little time for thinking. Experienced Florida lawyers suggest that anyone involved in a dog attack needs to remember that there are only three things that a victim should do:

1) Get help. The immediate goal should be to get the victim and everyone else away from the aggressive dog. It is also essential to seek medical help immediately. In cases where a dog attack survivor has lost consciousness or is seriously injured, it is better to wait for medical attention to arrive rather than attempt moving the victim. Even if a dog bite is small, it is imperative to get medical attention, since even small personal injuries may become infected or cause scarring. Seeking medical attention is also important for gathering evidence of what happened.

2) Secure any evidence that exists. Once the immediate danger is removed, you can help establish the facts of the case by securing evidence. Get a description of the dog, the address of where the dog lives, any name or numbers on the dog collar. Get the names and numbers of any witnesses, if possible. Be sure to keep any torn or damaged clothing worn during the attack and keep a record of the medical file from the treatment of the bite. If there are police reports, get a copy of them. If you have a camera, consider taking a picture of the scene or injuries. At the same time, remember to never put yourself in danger to secure evidence.

3) As soon as possible after a dog bite, consult a qualified Florida attorney. A good Florida lawyer familiar with dog bite cases will be able to ensure that you are compensated for your injuries and get the help you need. It is important that you not sign any papers or discuss the situation with the dog owner, the insurance company or any lawyer working for the insurers or dog owner before you have your own lawyer. It is very likely that the attorneys for the owners or insurance company may try to offer you an agreement, payment, or settlement for the case. It is important not to accept any discussion of the case before you have your own attorney to advise you. You may end up signing over your rights to the compensation you are entitled to under the law.

If you or a loved one has been bitten by a dog, your immediate concern will be to heal from the attack. It is important to preserve legal rights as far as possible, though. Many dog bites are scarring or cause serious injury that requires treatment not covered by most medical insurance. A Florida attorney can help protect your interests so that you get the best chances of healing possible.

The Centers for Disease Control and Prevention report that each year over 4.7 million people are bitten by dogs. Over 800,000 of these dog bite injuries are serious enough to warrant medical attention. Although many Florida residents see dogs as harmless pets, most Florida attorneys see enough dog bite injuries annually to know that dog bites result in serious personal injury. Dog bites can cause serious emotional and physical damage. Many victims of dog bites need cosmetic surgery and an extensive period of rehabilitation. Most victims need to be tested for – and sometimes treated for – any diseases that a dog had at the time of a bite. Dog bites can cause infection, blood loss, loss of function of limbs, and other serious injuries. In some cases, dogs can attack, sometimes causing fatalities.

Insurers and homeowners need to be aware that more than half of all dog bites occur on the dog owner’s property, according to the CDC. About 4% of all homeowner insurance claims are liability claims. In 2005, about 15% of liability claims dollars paid under homeowner insurance policies were related to dog bites. In 2005, dog bites injuries cost $317.2 million for insurers.15,000 dog bite injury claims were paid by insurers that same year, and the cost of the average dog bite claim was $21,200.

Perhaps because of the serious nature of dog bite injuries, most states have penalties and laws meant to hold dog owners responsible for serious injuries resulting from dog bites. In most states, owners are liable if they knew their dogs tended to bite. In some states, including Florida, owners are "strictly liable." This means that even if a dog has no prior history of biting, an owner may be held liable for the injuries that a dog inflicts.

However, Florida dog owners are protected by two exceptions. The first is known as “comparative negligence.” Basically, the victim’s percentage of fault is taken into account when determining liability. Secondly, if an owner has a “bad dog” sign, no recovery is available on specific types of dog attacks.

One difficult problem that arises with dog bites concerns children. According to the CDC, children between 5 and 9 years have the highest instance of dog bite injuries. A worrying trend concerning these injuries to minors has to do with the scope of bites. Children who are four years of age or younger are most likely to be bitten in the neck or head area, increasing the possibility of serious or even fatal injury.

Florida law has determined that children under the age of six are presumed to be incapable of comparative negligence. Dog injury victims who are six or older may be held partly at fault in dog bite cases. In these cases, a jury decides whether the child could understand and avoid the danger. In these cases, too, the parents’ role in the injury is often considered, even if the parent is not named as a defendant. If inadequate supervision of a child contributed to a dog attack, the compensation payable may be reduced.

Continue reading "Understanding Florida Dog Bite Laws" »

The Humane Society of the United States (HSUS) has stepped up its campaign to increase awareness about dog bites. It is estimated that dog bites lead to about 5% of all emergency department visits, with thousands of people bitten by dogs each year. According to findings published by HSUS, the elderly, children, and mail carriers are among those most at risk for dog bites, although virtually anyone can be affected.

Although some dog owners claim that their dogs are not aggressive, HSUS has found that the majority of dog bites were inflicted by dogs who were considered unlikely to bite. According to HSUS, there is not always previous indication that an animal may turn aggressive. For this reason, the Humane Society offers a number of tips for preventing dog bites:

*Do not approach strange dogs. Be especially wary of dogs that are confined.
*Avoid running past dogs. Even un-aggressive dogs will sometimes start to chase someone who is running, as this is natural instinct for the animals.
*If a dog is aggressive towards you, avoid eye contact, remain motionless and stay quiet until the dog leaves by itself. Once the dog is no longer threatening you, back away slowly and quietly, while keeping your eye on the dog. This makes you seem less threatening to the animal and increases the odds that the dog will leave you alone. Try not to scream – the sound is likely to aggravate the animal and make it even more aggressive.

If you own a dog, you can take steps to greatly reduce the instances of dog bites. Keep in mind that if a dog you own attacks someone, you may be held liable. In almost all cases, the dog will be put down. To avoid this sort of difficult situation, HSUS recommends that all dog owners:

*Take their dogs to obedience school. Proper training can help you control your dog and potentially avert a problem.
*Keep your dog indoors unless you can supervise your pet. Especially be sure to keep your dog indoors when the letter carrier arrives. Your pet may wish to protect your home and family and may see the letter carrier as a threat.
*Avoid tying up your dog for extended periods of time and be sure to offer your pet plenty of attention and affection. Animals that are neglected are often poorly socialized and are far more likely to bite.
*Neuter or spay your pet. This reduces aggression and makes your pet far less likely to bite. In fact, HSUS reports that dogs that have been spayed or neutered are up to three times less likely to bite than dogs that have not been neutered or spayed.