FLORIDA’S APPROACH TO DOG BITE CASES
During this COVID-19 Pandemic, many people have taken the opportunity to adopt or purchase a puppy or dog to add to the family unit. The joy of having a pet in the family is a wonderful experience and one my family and I have always enjoyed. However, many people do not consider the potential liability exposure they might have with this type of addition to the family. Under Florida Statute 767.04, a dog owner is held liable for the damages when their dog bites “any person who is on or in a public place, or is lawfully on or in a private place”, such as the dog owner’s residence. This standard is known as strict liability and applies regardless of whether the dog owner was aware of any vicious or dangerous propensities the dog might have had prior to the dog bite incident. There is a provision in the statute that gives limited protection to the dog owner if they post a sign on their property that reads “BAD DOG”, but this only applies if the dog owner is not negligent and if the victim is not younger than 6 years of age. If the dog owner can prove that the victim was trespassing, then there could be a defense to the claim. Additionally, the dog owner can assert that the victim had a comparative fault, thus creating a partial defense of the claim, which will lessen the damages owed by the dog owner by the percentage of fault attributed to the victim’s actions. This is a common defense where the victim has provoked the dog in some way.
Dog owners also need to be careful to abide by leash laws because, even if the dog does not bite, injuries caused by the dog knocking someone down while off the property because of it not being restrained can create liability on the part of the owner as well.
The coverage a dog owner needs for protection against claims would be found under a homeowner’s policy of insurance. However, because dog bite incidents are so prevalent, many insurance carriers have added coverage exclusions to their homeowners’ policies which deny liability insurance coverage protection to the dog owner if their dog bites someone. Furthermore, even if the dog owner’s homeowner’s policy does not have a complete bar to dog bite claims through a blanket dog bite exclusion, it might still have language that excludes certain types of dogs that the insurance company deems to have a propensity to bite, such as Pit Bulls, Dobermans, Rottweilers, German shepherds, Akitas, Chows, etc.
The bottom line is that if you own a furry friend, or plan to get one, make sure you take precautions, use a leash, post a “BAD DOG” sign if you know the animal has a tendency to bite, and make sure you are protected by your homeowner’s insurance policy or liability umbrella policy by checking with your insurance agent before taking a chance with dog ownership. Otherwise, you could be held personally liable for your dog’s actions which will expose your personal assets to the victim’s claim for damages.
Be careful out there, and remember we are always here for you!
Chuck