Fort Myers Dog Bite Lawyer
Dogs are our best friends, until they aren’t. Whether you were attacked by a dog at a neighbor’s house, or your child was bitten at the park, a Fort Myers dog bite lawyer at Cardinal Law, P.A. can help you establish fault, establish damages, and file a claim for maximum compensation.
Scenarios in Which the Dog Owner is Liable
- Leashed dog bites you in a public space
- Unleashed dog attacks you in a public space
- Dog bites a you, as a guest, at a dinner party, or in another scenario on private property
- Dog jumps the fence and attacks a you as you pass by the property
- Dog squeeze through the front door, past its owner, and attacks you
- Dog attacks a trespassing child
- Dog accidentally bites you at a dog park
Invitee Vs. Licensee Vs. Trespasser
An invitee is a person who is invited (or simply on a premises) for business purposes. A common example of an invitee is a shopper at a retail store. A licensee is a person who is also on a premises legally, not for business, but for another purpose, such as a social gathering. Both licensees and invitees are allowed to be on private property, and if attacked, they have the right to sue the dog’s owner. For example, a delivery person, neighbor, or landscaper can be on private property, such as in the front yard, as an invitee or licensee, be bitten, and have the right to seek compensation from the dog owner.
However, there are scenarios in which a dog can attack someone and the owner will not be held liable for the dog attack victim’s injuries. This scenario is generally only reserved for trespassers—someone who enters private property unlawfully, whether inside a structure or simply on private land. However, there are cases in which even a trespasser may be able to seek compensation. For example, if the victim was a child, or the victim crossed onto property that was not properly marked as private, the dog owner may be found at fault.
Teasing, Taunting, or Harming a Dog
Another scenario in which a dog owner may not be liable is if the dog bite victim was teasing, taunting, hurting, or otherwise provoking the dog to attack in order to defend itself, its puppies, or its owner. Because of Florida’s comparative negligence doctrine, any degree of fault placed on the victim’s shoulders is directly deducted from their damages. As such, if a victim was found to be 40 percent at fault in causing the attack (because they were taunting the dog) they would only be able to collect 60 percent of their overall damages.
Contact a Fort Myers Dog Bite Lawyer Today
Some victims are worried about filing a claim because they fear the dog will be put down, or that their friend, family member, or neighbor will be financially ruined. Firstly, a personal injury claim has no legal bearing on what will happen to the dog. That is a police matter. Secondly, this is what homeowners’ insurance is for. The dog’s owner will not end up paying directly out of their own pocket, their insurance company will. Call our Fort Myers dog bite lawyer at Cardinal Law, P.A. today at 844-874-PAIN to schedule a free consultation.
