Recent statistics show that in the United States an average of 4.5 million dog bite incidents is reported per year. In Florida, the majority of these cases involve children and elderly victims.
While dog bites are treated as a strict liability issue in Florida, the comparative fault policy which accompanies Florida’s dog bite statute may make recovery difficult for victims of a dog attack when it is alleged that the dog was provoked.
To determine how Florida’s comparative fault policy may affect your personal injury claim, you need the help of an experienced attorney who understands the potential complexities accompanying comparative negligence policies.
At The Law Offices of James B. Coulter comparative fault is no obstacle for our clients. James B. Coulter is an experienced personal injury attorney with years of experience successfully representing clients injured in dog attacks and a number of other types of personal injury claims.
If you were attacked bitten or attacked by a dog in Satellite Beach, Melbourne, Titusville, or a surrounding city, contact The Law Offices of James B. Coulter at (321) 586-9944 for a free consultation.
Under Florida code §768.81, Florida states the following:
In negligence suits, a claimant’s damages will be reduced proportionately to the percentage to which he or she was at fault for his or her injuries. Regardless of the claimant’s fault, he or she will not be completely barred from recovery. Simply put, an injured party who played a part in his or her injuries by failing to exhibit proper safety precautions will have limited recovery for damages suffered due to the dog bite.
The purpose of comparative fault in these types of claims is to discourage individuals from provoking an animal, thus resulting in serious avoidable injuries.
Comparative Fault in Florida Negligence Cases- Search Title XLV of Chapter 768 for torts involving negligence. Find the statutory language for Florida Statute 1768.81 on comparative fault in negligence cases.
Visit the website of the Florida state legislature to find legal definitions and information on the varying effects of comparative fault on medical malpractice claims and other specialized personal injury claims.
If you were injured due to a dog attack, and you may have played a part in your own injuries, the amount of damages you can recover may be limited.
The Law Offices of James B. Coulter operates out of Brevard County and services clients in Satellite Beach, Melbourne, Palm Bay, Vero Beach, and surrounding areas. Call The Law Offices of James B. Coulter today at (321) 586-9944 to discuss the proper strategy for your case with a personal injury lawyer.
This article was last updated on Friday, October 14, 2016.