Defenses to Dog Bite and Dog Injury Cases

If a dog injures or attacks you, the owner of that dog is strictly liable for the injuries caused by the dog. That generally means that you, as the victim, don’t need to prove that the owner did anything wrong, or that the owner failed to do something—if the dog injures you, so long as the dog caused your injury, the owner is liable. It’s just that simple.

What About Defenses?

But that doesn’t mean that owners of dogs who are sued, don’t have defenses that can stand in the way of your ability to recover for injuries sustained in a dog bite case. There are some defenses that dog owners can use, and which victims need to overcome if they do sue for their injuries.

Ownership of the Dog

Yes, sometimes it’s obvious who owns the dog that injured you. But sometimes it isn’t so obvious; dogs aren’t cars or houses that come with titles of ownership. And sometimes, it isn’t so clear who owns a dog.

Relatives or friends may share ownership, or they may trade the dog between them, with the dog living with one and then the other owner, for extended periods of time. People may go out of town leaving others to watch over a dog, long term. Divorced couples may trade the formerly family dog between them.

If there is any doubt as to ownership, and you sue for a dog injury, the person you sue will likely point the finger at the other person, claiming they are the owner. This can be a difficult hurdle to overcome.

Comparative Negligence and Provocation

The law says that someone sued for a dog injury, can allege that the victim was negligent, or that the victim provoked the dog. People tend to provoke dogs, even playfully—imagine walking up to a strange dog and clapping your hands happily. You may mean to harm, but to a dog, that kind of activity can be provoking.

Parents often allow young children to walk up to leashed dogs. If the child is injured by the dog, the dog owner will allege comparative negligence on and by the child’s parents, saying that they should have prevented their child from approaching. The lesson here for everybody, is never approach a strange dog that’s leashed—at least, not without asking if it is OK to do so first.

Trespassing

To sue for a dog bite or injury, you must be on the property legally. In public, this isn’t an issue, so long as you’re not trespassing on a business’ property.

But if you walk through property that’s not yours, or you’re cutting through someone else’s yard, or if you are somewhere that you aren’t supposed to be, and you are bitten or injured by a dog, the owner may have a defense.

Dog bite cases are both straightforward in that there is strict liability—but also difficult, considering the number of defenses available to dog owners. Call our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian to schedule a consultation today if you have been injured by a dog.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/Sections/0767.04.html

flsenate.gov/Laws/Statutes/2021/767.04