Miami’s Dog Bite Laws: Protecting Victims of Animal Attacks
Dogs have a well-earned reputation for being man’s best friend. Alas, though the vast majority of interactions with canines will be positive, that’s not always the case. Dogs, while often cute and friendly, can also be aggressive from time to time, and in some situations may cause harm to an individual.
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There are some 4.5 million dog bites each year across the United States, and it’s a particular concern in the Miami area. Indeed, according to reports, there was an 11% increase in dog bite incidents in 2023 compared with the previous years.
Many dog bites result in superficial injuries that require no medical treatment and which have no lasting impact on the victim. But that doesn’t mean that bites that have more serious consequences don’t happen from time to time. They do.
The good news is that Miami has specific dog bite laws that offer protection to victims of animal attacks. In this post, we’ll run through everything you need to know about dog bites in Miami, including what the law says, what to do if you’ve been bitten, and how you can claim compensation for your injuries.
An Overview of Miami Dog Bite Laws
States typically have one of two dog bite laws: strict liability or “one bite” liability. Miami operates a strict liability law. That means that, except in specific circumstances that we’ll outline below, the owner is always responsible for the actions of their pet. It doesn’t matter if the dog has never been involved in a biting incident before; as soon as they bite, the owner is liable.
This rule offers a greater level of protection to victims than “one bite” states, whereby dog owners are typically only liable from the second biting — or near biting — incident involving their pet.
Florida laws make no such distinction. If you’ve been bitten by a dog, then you’ll be able to seek damages for your injuries regardless of the previous character of the animal, except for in specific circumstances. These laws apply to bites that occur both in public spaces and on private property.
Owners of dogs who attack more than once may also face criminal prosecution. As soon as a dog attacks (or threatens to attack) a human, owners must take steps to prevent such incidents from happening in the future.
Exceptions to Dog Bite Liability
As we outlined above, Miami’s dog bite laws largely side with the victims of dog bites. However, there are some instances where an owner may not be liable for injuries sustained by the actions of their dog. Some of these exceptions include:
Trespassing
Many Florida homeowners become dog owners not just for the love they offer, but also to add an extra dose of security to their properties. While there are expectations to this rule, Miami’s dog bite laws usually don’t apply if the victim was trespassing on private property during the incident. Only dog bites that occurred when the victim was lawfully on private property are eligible for compensation.
Bad Dog Signage
Many dog owners take proactive steps to minimize the risk of a biting incident. For instance, they may place ‘dangerous dog’ or ‘beware: bad dog’ signs on the front of their property. If an individual disregards these notices and is subsequently attacked, the courts may decide that the victim had assumed their own risk by entering the property. This defense is only applicable if the victim is over the age of six.
Defending the Owner
Dog owners may not be liable for injuries sustained from an attack if it is proven that the dog was defending its owner. For example, if an individual attacks another and is subsequently bitten by that person’s dog, they may be unable to seek damages.
Self-Defense
Liability may be withheld if it can be proved that the dog was provoked prior to the attack. For example, if the individual was behaving aggressively with the dog or otherwise acting in a manner that could provoke an animal. Note that this must be proven from the owner’s side.
While there are exceptions for dog bite liability, the vast majority of cases are eligible for compensation.
Types of Compensation Available
Depending on the severity of the dog attack, victims may find that the costs of medical treatment, recovery, and emotional damage can add up pretty quickly. As such, it’s recommended to file a personal injury suit as soon as possible. This will not only help to bring closure to the attack but can also provide significant financial compensation that can make managing the monetary implications more straightforward.
Some of the common forms of compensation that dog bite victims request include:
Medical-Related Costs
Treatment for a dog bite attack can be long and expensive. Claims typically include the costs of emergency room visits, surgeries, and any medication prescribed as a result of the attack.
Emotional Distress
The emotional fallout of a dog attack can sometimes be as damaging as the physical injuries. Compensation can be sought for psychological and emotional damage, especially in instances where therapy is required.
Lost Wages
A dog attack may result in having to take time off work. Whether you missed just a few days or a month or more, a compensation package should include any loss of wages incurred during the recovery period.
Long-Term Pain
Many dog attack victims make a full recovery, but that isn’t always the case. Victims who sustain long-term injuries that result in ongoing pain can claim compensation.
How A Specialized Lawyer Can Help
If you’ve been the victim of a dog bite attack, then except in specific circumstances, you should be able to claim financial compensation. However, it’s important to keep in mind that the amount of compensation you are awarded will depend on a number of factors. Dog bite cases can be complex, and it’s important that you have a specialist fighting on your behalf. Insurance companies will always try to pay out the minimum amount of compensation possible, because, well, it’s in their interests too.
Working with a specialist dog bite lawyer will allow you to put together the strongest case possible, which will greatly increase your chances of receiving maximum compensation. At the Law Office of Cary Woods II, we have extensive experience in helping Miami residents get the compensation package that they deserve. To get started, get in touch for a free case evaluation.
What To Do If You’ve Been Bitten by a Dog
It can be deeply traumatic to be the victim of a dog bite attack. Regardless of the circumstances that led to the attack, it’s imperative that you take sufficient steps in the immediate aftermath of the attack.
Step one is to visit a doctor. Even minor dog bite injuries can become problematic if they’re left untreated. In addition to providing the care you need to recover, attending a healthcare facility can be invaluable when putting together your dog bite compensation case, as the related medical records will provide evidence during the hearing. It’s also recommended to take photos of your injuries and anything else that may be related, including damage to your personal property and, if possible, the dog itself. Writing down an account of the incident may also strengthen your case.
It’s recommended to get in touch with a dog bite lawyer as soon as possible. Here at the Law Office of Cary Wood II, we can help to guide you through the process of claiming compensation and help to file your personal injury claim.
Keep in mind that while Miami has laws that favor dog bite victims, you won’t have the protection of those laws forever. Dog bites fall under the Statute of Limitations on personal injury cases, which allows for claims to be made up to four years after the incident. That might sound like a long time, but it’ll come and go faster than you might expect, so don’t delay in getting in touch with a dog bite injury lawyer.
The process of claiming compensation can move relatively quickly once it’s in the hands of an experienced dog bite lawyer, though complex cases may take up to a year before fully completed. However, you can rest assured that your case will be moving along — and that everything is being done to ensure you receive as much financial compensation as possible.
The Bottom Line on Miami’s Dog Bite Laws
Though there are specific incidents when a personal injury claim for a dog bite may be denied, in general, Miami’s dog bite laws tend to side with the victim — and that’s good news for people who are seeking compensation for damages sustained during the attack.
If you’ve been the victim of a dog bite attack in Miami, then don’t hesitate to get in touch with the Law Office of Cary Woods II today. We have a proven track record of helping our clients receive maximum compensation for their injuries, and we’re confident that we can put together a robust, comprehensive case on your behalf. Call (786)750-7872 for a free case evaluation.
