While victims of dog bite attacks in Florida can take advantage of the state’s strict liability statute, recovery is not guaranteed. Some dog owners may try to fight victims’ attempts to obtain recovery. Victims rely on compensation after a dog bite attack as they face mounting medical bills, pain and suffering, and other losses. With so much at stake, it is vital that you have an experienced dog bite lawyer on your side who can argue against any of the defenses that a dog owner may assert.
WHAT ARE SOME EXAMPLES OF DEFENSES THAT MIGHT BE USED BY DOG OWNERS?
- Provocation: Dog owners relying on this defense will argue that the victim’s negligence caused the injury. If the victim knowingly and voluntarily put himself at risk of being bitten by a dog, then the victim should be denied recovery. This defense is often used if a dog was kicked, hit, pushed, or taunted at the time of the attack.
- Trespassing: Dog owners who assert a defense claiming the victim was trespassing at the time of the attack will argue that the victim exceeded his or her invitation to be on the premises. An example is seen in one case where a woman who visited a home for business purposes went around to the back of the house and was bitten by the homeowner’s dog.
- Using Signs to Warn Visitors of a Dangerous Dog: Dog owners who use this defense claim that a victim should not be able to recover damages if there was a prominent sign that was easily readable to warn the victim about the potential for an attack. This defense, however, is not available if the victim is less than six years of age.
To learn more, contact an experienced dog bite attorney today We offer a free consultations to discuss your case. Call our Gainesville, FL office at 800-373-8000.