FAQs for Tampa Bay Dog Bite Lawyer
Hancock & Hancock, P.A.
Michael and Claire Hancock
- What damages can be sued for in the case of a dog bite injury and who is held responsible for compensating me for my damages?
- What if a neighborhood dog hasn’t yet caused injury to me or my family, but the dog’s owner lets the dog run free in our neighborhood? I’m afraid to let my children play in our front yard? What can I do?
- What is the Statute of Limitations in Florida for suing the owner of the dog that attacked me?
- What is a loss of consortium claim in Florida? How much is my spouse’s claim worth?
- Are Florida dog bite injury cases covered by homeowners insurance?
What damages can be sued for in the case of a dog bite injury and who is held responsible for compensating me for my damages?
In Florida, the owner of any dog that bites or attacks any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. Further, owners of dogs are liable for “any damage done by their dogs to a person.” The damage does not have to be caused by a dog bite or dog attack. In certain cases, the person that was taking care of the dog at the time of the dog attack will be held accountable for the damages. In certain limited circumstances, a landlord may be held liable for the damages caused by his tenant’s dog.
If a dog bite or dog attack caused you to be injured, you may have the right to recover the following damages: past and future medical expenses, past and future lost wages, pain and suffering, mental anguish; disability or physical impairment, disfigurement, and your loss of capacity for the enjoyment of life.
What if a neighborhood dog hasn’t yet caused injury to me or my family, but the dog’s owner lets the dog run free in our neighborhood? I’m afraid to let my children play in our front yard? What can I do?
Contact your county’s animal control services. It is a county ordinance in Hillsborough County, Florida that, excluding public right-of-way on an owner's private property, no dog shall be allowed to stray or run at large upon any public property or street, sidewalk, park, or on the private property of another without the consent of the property owner. This means that dog owners who let their dogs run out in the neighborhood without being restrained on a leash are violating an animal county ordinance. The intention of this ordinance is to protect the private property rights and safety of our citizens who do not want dogs loose on their property. Report the dog owner who is in violation of this ordinance to your county’s animal control department. Even if you don’t know the name of the dog owner, as long as you can report the physical address of the dog owner, that is sufficient for making a report. It is the statutory duty of the Hillsborough County Animal Services to investigate y our reports of animals creating a nuisance, so as to insure the public's health and safety. Hillsborough County Animal Services can be reached at 813-915-1110 or visit www.hillsboroughcounty.org/animalservices.
What is the Statute of Limitations in Florida for suing the owner of the dog that attacked me?
Generally, the statute of limitations in Florida for a dog attack or dog injury case is 4 years from the date of the injury. This means that your lawsuit against the owner of the dog or person otherwise in control of the dog must be filed in the correct court within 4 years of the incident, or else your case may be forever barred. This is a difficult area of the law, so please consult with an accident attorney regarding the specific facts of your case
What is a loss of consortium claim in Florida? How much is my spouse’s claim worth?
In personal injury cases in Florida, in addition to those damages available to the injured person, the law allows your spouse a claim, too - it's called a claim for loss of consortium. A legal marriage is required, common law relationships are not sufficient.
A spouse has a cause of action for loss of consortium when the other spouse suffers personal injury caused by the negligence of another. Consortium generally refers to the services, comfort, society and attentions of a spouse. This includes more than just the marital sexual relationship, but also the companionship and fellowship of a husband and wife to each other. The burden of proof is on the claiming spouse and may be claimed for both past and future losses. Examples may include: a spouse taking on more housework or childcare responsibilities, which the injured spouse can no longer perform; a spouse taking time off from work to stay home and care for the physical needs of the injured spouse; physical activities that the couple used to enjoy but can no longer enjoy together because of the injuries such as dancing, roller skating, traveling, going to movies in a theater; and, a negative impact of the frequency or duration of intimacy.
The value of a loss of consortium claim is determined as a matter of fact by the jury. Historically, Florida juries do not make large awards for loss of consortium claims. One theory is that jurors believe that the marriage vow of "for better or for worse, through sickness and in health" plays in, and taking care of an injured spouse is just part of being married. However, by fully developing and presenting trial evidence of the thriving marital relationship prior to the injury (through deposition testimony, before and after witnesses, photographs and videos, and expert testimony, etc.) and then revealing evidence of a substantial change for the worse after the accident, an award of damages for loss of consortium may be substantial.
Are Florida dog attack injury cases covered by homeowners insurance?
Usually, yes. Homeowners insurance covers dog bite injuries, unless specifically excluded from the policy. If you do not know if the owner of the dog is covered by a homeowner’s policy of insurance, Florida Statutes provide for us to obtain that information for you
