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Beware of Dog

Fri, Jun 10, 2011 at 2:00PM

 

Dog bites are a big problem in the United States with the most recent survey showing emergency rooms across the nation treat about 1,000 people a day for dog bites.

The same survey showed children are the ones most often bitten, usually in the face.

If you or your child is bitten by a dog, a Daytona Beach accident lawyer can explain the protections under Florida law.

The owner of a dog is liable for damages if the dog attacks you while you are in a public place (such as on a sidewalk), on your own property or on another person’s property lawfully. It doesn’t matter whether the dog has bitten someone before or if the owner is aware the dog is a danger to the public.

So, the owner is strictly liable for damages no matter if the owner was negligent. The dog owner may not be liable, though, if he can prove you provoked the dog.

The exact law is Florida Statutes Section 767.04.

However, if the owner posts a “beware of dog” or “dangerous dog” sign on his property, he has some protection. You have to prove the owner was somehow negligent and the attack was caused by that negligence.

As for a landlord, they can’t be held liable unless it is proven the landlord knew the dog was dangerous and allowed it to live on the leased premises.

So while a dog bite on your arm or leg may be obvious, proving that someone is liable for that bite isn’t so clear.

A Daytona Beach accident lawyer at Seitz & Tresher can help you with these and other questions about Florida law.

 


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