Cape Coral Dog Bite Attorneys

Serving Dog Bite Victims Throughout Florida

Many people in Southern Florida have dogs, and while dogs can be delightful companions and pets, they are nonetheless animals and can unexpectedly attack innocent victims. Dog bites can cause significant physical and emotional trauma that requires extensive care. Fortunately, people harmed by dogs can often recover damages from the dog’s owner to help mitigate their losses. If a dog bites you, it is in your best interest to consult an attorney regarding your potential claims. The dedicated Cape Coral personal injury lawyers of Lusk, Drasites & Tolisano can advise you of your rights and help you to seek the maximum compensation recoverable under the law. Our attorneys frequently represent people in personal injury lawsuits arising from dog bites in Cape Coral, Fort Myers, and Naples.

Call Lusk, Drasites & Tolisano today at (239) 908-4930 or contact us online to schedule a meeting with our dog bite lawyers in Cape Coral!

Florida’s Dog Bite Law

Dog bites can result in severe injuries, such as broken bones, torn ligaments, and significant scarring. In Florida, the law provides specific guidelines on dog owner liability for such incidents. Known as the "dog bite law," this statute imposes strict liability on dog owners for damages caused by their animals. Here’s a closer look at how this law operates:

  • Strict Liability: Florida’s dog bite law holds dog owners responsible for injuries caused by their pets, regardless of the owner’s negligence or the dog’s past behavior.
  • Liability Scope: The law applies whether the bite occurs in a public place or on private property where the victim had a legal right to be. It does not matter if the dog had previously shown aggressive behavior or if the owner was aware of its tendency to bite.
  • Owner’s Defense: An owner can avoid liability if a visible sign on the property indicates that the dog is a "Bad Dog." However, this defense does not apply if the victim is under six years old or if the owner’s negligence contributed to the attack.
  • Victim’s Negligence: If the victim’s negligence contributed to the bite, the dog owner’s liability may be reduced proportionally. For example, if the victim’s actions significantly contributed to the attack, the owner’s financial responsibility might be decreased.
  • Additional Claims: Victims may pursue other claims, such as negligence beyond the dog bite law. In a negligence claim, the plaintiff must demonstrate that:
    • The defendant owed a duty of care to the plaintiff.
    • This duty was breached.
    • The breach directly caused harm to the plaintiff.

Understanding these aspects of Florida’s dog bite law can help victims navigate their legal options and seek appropriate compensation for their injuries.

Common Causes of Dog Bites

Understanding the typical causes of dog bites can help prevent future incidents and strengthen your case if an attack occurs. Common reasons include:

  • Aggressive Behavior: Dogs that have not been adequately socialized or are experiencing behavioral issues may bite out of aggression.
  • Fear or Anxiety: A dog feeling threatened or scared may bite as a defensive reaction.
  • Provocation: Dogs may bite if provoked by someone or another animal, intentionally or unintentionally.
  • Unsupervised Interaction: Children or adults interacting with a dog without proper supervision may be at risk if the dog is unfamiliar.
  • Inadequate Training: Dogs that have not been appropriately trained might not respond well to commands and may bite if they feel insecure or are not accustomed to proper socialization.

What Damages Can Be Recovered in a Dog Bite Claim?

If you have sustained injuries from a dog bite, you may be eligible to claim various types of damages, including:  

  • Medical Expenses: Reimbursement for all costs associated with treating the dog bite, including emergency care, surgeries, medication, and ongoing treatment.  
  • Lost Wages: Payment for the income you missed out on due to your inability to work while recovering from the injury.     
  • Pain and Suffering: Financial compensation for the physical pain and emotional distress experienced as a result of the dog bite.
  • Emotional Distress: Compensation for any psychological impact the dog bite has had, including anxiety or trauma.
  • Disfigurement and Scarring: Reimbursement for any permanent disfigurement or scarring resulting from the bite.
  • Rehabilitation Costs: Expenses related to physical therapy or rehabilitation needed for recovery.

What is the Statute of Limitations for a Dog Bite Claim in Florida?

Florida's statute of limitations for filing a dog bite claim is two years from the incident date. You must initiate legal action within this period to protect your rights. Delaying your claim could jeopardize your ability to seek compensation, so it is crucial to consult with a lawyer as soon as possible after the incident.     

Contact Our Cape Coral Dog Bite Lawyers Today

Dog bites often occur without warning, and in many instances, they cause significant injuries. If you were hurt in a dog attack, it is advisable to speak to an attorney about your rights. At Lusk, Drasites & Tolisano, P.A., our trusted Cape Coral lawyers take pride in helping injured parties seek justice for their losses. If you engage our services, we will vigorously pursue any damages you may be owed. Our offices are located in Cape Coral, Fort Myers, and Naples, and we regularly represent people in lawsuits arising out of dog bites in Cape Coral and in Naples and Fort Myers.  

Contact Lusk, Drasites & Tolisano today to schedule a meeting with our dog bite attorneys in Cape Coral!

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