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Written by Mariel TollinchiAlthough most dogs are beloved pets, they can still be unpredictable. Every year, millions of Americans seek medical attention for dog bites and other attack-related injuries. Tragically, many of these victims are children, and many suffer catastrophic injuries that result in permanent disfigurement and lasting physical and emotional scarring.
If you were attacked or bitten by a dog, or if your child or loved one suffered a severe dog bite injury, you may be entitled to financial compensation—and Mariel Tollinchi Injury Lawyers can help. Led by founding attorney Mariel Tollinchi, our team provides compassionate, client-focused legal representation to dog bite victims throughout South Florida. We have extensive experience, as well as the resources to effectively pursue maximum compensation on your behalf.
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Some states follow a more lenient "one-bite" rule, which allows dog bite victims to bring claims against negligent dog owners only when they can prove that the owner knew or should have known that the dog had bitten someone in the past or was otherwise likely to behave aggressively. This can make it harder for the person bringing the claim (known as the "plaintiff") to prove their case.
However, in Florida, dog bite cases fall under a "strict liability" statute. This means that dog owners are generally considered strictly liable for injuries caused by their dogs in most situations.
According to Florida Statutes section 767.04, dog owners are liable when both of the following elements are true:
This means that you have a case against a dog owner (or handler) if you were bitten by their dog (or a dog for which they were responsible) in a public setting or private place, as long as you were not trespassing when the attack occurred. You do not necessarily have to prove that the dog owner acted negligently, though proof of negligence can certainly help your case.
Florida's dog bite statute specifically pertains to bite injuries; it does not cover non-bite injuries caused by dogs and other animals. If you were injured by a dog but were not bitten, you can still bring a claim against the dog's owner or another liable party. However, you will have to prove your case as you would any other typical personal injury claim. In other words, you will have to prove that the defendant owed you a duty of care, breached that duty of care through negligent or wrongful conduct, and that this breach of the duty of care led to your injuries and resulting damages.
For example, if you were walking in a public park and an unleashed dog ran up and jumped on you, causing you to fall and break your wrist, you could have a claim against the dog's owner or handler. You would likely need to prove that the dog owner or handler had a legal responsibility to keep the dog under their control but failed to do so by allowing the dog to roam off leash. You would also need to prove that this was the direct or proximate cause of your injury.
Filing a dog bite injury claim can be challenging for several reasons, particularly when the owner is someone you know. However, it is important that you remember your rights—including your right to fair compensation for your medical expenses, lost income, and pain and suffering.
Our firm can help you file a claim against the dog owner's insurance provider or, if necessary, bring a lawsuit directly against the individual responsible for your injuries. Our Miami dog bite attorneys work tirelessly to investigate claims, gather pertinent evidence, and develop innovative legal strategies tailored to each client's unique situation. We have extensive experience in this particular area of law, as well as a long track record of successfully recovering fair settlements and jury verdicts on behalf of dog bite victims throughout South Florida.
Because we offer our legal services on a contingency fee basis, you do not owe any upfront or out-of-pocket costs when you hire our firm. Instead, we only collect attorney fees if/when we recover compensation for you.
Get in touch with us today at (954) 524-4100 to schedule a free consultation with one of our dog bite lawyers in Miami.
Luchamos por Nuestra Comunidad Latina - At Mariel Tollinchi Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That's why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We proudly serve both Texas and Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.
I got hit by a distracted driver on the Palmetto and honestly had no idea what to do next. The insurance company was already calling me trying to get me to settle for barely anything. Mariel Tollinchi took my case and explained everything so I actually understood what was happening. She got me way more than I ever expected and covered all my medical bills plus lost wages from missing work. If your in a car accident in Miami, dont even think twice - call them.
-Roberto Fernandez
