An Animal Bit Your Kid in Florida -- Who's Responsible?

An Animal Bit Your Kid in Florida — Who’s Responsible?

by Dog Bites / Animal Attacks

An Animal Bit Your Kid in Florida -- Who's Responsible?

We live in an animal-loving society. Most of us interact with pets on a daily basis (ours or others), and they are an important part of many people’s lives.

However, it is vital to remember that all animals are, at their core, wild, and sometimes things go wrong. What happens when an animal bites someone? Who’s responsible?

Florida is a strict liability state, meaning that the owner is held liable in most cases, even if the owner had no prior awareness of the animal’s aggression or likelihood of biting someone.

If your child is bitten by an animal, the results can be both traumatic and physically devastating, so it may be in their best interests to seek damages and hold the responsible party accountable. However, animal bite liability cases are often complex, and you will likely need the help of a professional.

In the meantime, we’ve put together this guide covering who’s accountable for animal bites, and how animal bite cases work in our state.

Florida Animal Owner Liability

The animal’s owner can be held liable for an attack in most circumstances.

As mentioned above, Florida is a strict liability state. Additionally, Florida dog bite laws do not require victims to prove that their injuries were a result of the owner’s negligence.

Under state laws, an animal owner can be held liable for injuries if it can be proven that the animal bit the victim, and that the victim was either in a public space or lawfully on private property at the time of the attack.

In addition to strict liability, you can also file a suit on the grounds of negligence if it can be proven that the owner’s negligence was responsible for the attack. To win a negligence claim, you will have to prove that the animal owner breached a duty of care.

Limitations in Florida Animal Owner Liability

Florida law allows for animal owners to be accountable for injuries caused by the animal in most cases. However, there are certain circumstances under which the owner cannot be held liable.

Limitations to animal owner liability include:

  • The victim was unlawfully on the owner’s property
  • The victim was provoking the animal at the time of the attack
  • The animal was defending its owner or someone else in the immediate vicinity from a perceived threat of danger

Additionally, if the animal owner has proper warning signs and precautions in place to prevent an attack, they may not be held liable for damages. However, the victim can still potentially file a claim under these circumstances.

If the victim had some fault in the attack (for example, by provoking the animal), the damages will be reduced by the percentage of fault assigned to the victim.

Statute of Limitations in Florida

Florida law sets limits for how long someone injured by an animal attack has to file a lawsuit. Under state law, the case must be filed in the civil court system within four years of the date of the attack. If you miss the deadline, it’s likely that your case will be thrown out.

Florida Animal Attack Lawyer

Having a child suffer a serious animal bite is a tragedy that no one should have to suffer. Unfortunately, sometimes these things happen despite your efforts to prevent them. If you find yourself in this situation, you need to know what to do after an animal attack to ensure the safety and future prosperity of your child — as well as making sure that the owner is held to account.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

What Florida Parents Can Do to Keep Their Kids Safe over the HolidaysWhat Florida Parents Can Do to Keep Their Kids Safe over the Holidays

What Florida Parents Can Do to Keep Their Kids Safe over the Holidays

by Children Injuries & AccidentsHoliday Safety

What Florida Parents Can Do to Keep Their Kids Safe over the HolidaysWhat Florida Parents Can Do to Keep Their Kids Safe over the Holidays

No one wants to spend the holidays in the emergency room, but every year about 500,000 US families are forced to do just that because of child injuries.

Unfortunately, child accidents become much more common over the holidays, putting a damper on the season for Florida families, and potentially leading to serious – or even fatal – child injuries.

Why is that, and what can Florida parents to do keep kids safe?

Below, we’ve provided a guide that covers common causes of holiday accidents, and what parents can do to prevent them.

Everyday Mishaps Cause Most Florida Holiday Injuries

Statistics clearly show that more children are injured over the holidays. Interestingly, though, most injuries do not occur due to activities or objects unique to the holidays. Instead, the holidays lead to a dramatic uptick into everyday injuries such as scrapes, trips and falls.

Why?

The holiday environment is exciting for children, meaning that kids may not pay as much attention or be as careful as they otherwise would. Similarly, parental supervision is sometimes compromised during holiday events, as parents are often preoccupied by visiting with other guests.

Before the holidays begin, take some time to talk to your kids about safety guidelines, including any that are unique to specific events you’re attending. Also, always be sure to keep an eye on kids during holiday events.

Help Florida Kids Celebrate Safely

Child injuries are common at holiday parties and other festivities, but you can help make holiday events a safe place for kids by following these guidelines:

  • Designate an adult to watch the children. Consider hiring a babysitter for the evening. If the party is in your home, you can hire the babysitter to supervise child guests, allowing everyone to enjoy the party.
  • Make sure that guests safely dispose of dangerous objects such as cigarette butts, toothpicks, and beverage cans and bottles.
  • Holly and mistletoe are poisonous. Keep them out of the reach of small children.
  • In fact, hang decorations out of the reach of children in general.
  • Do not use flame-burning candles.
  • Keep guests’ coats and purses out of the reach of children. They may contain hazardous items such as prescription medication or choking hazards.

How Florida Parents Can Avoid Toy Injuries

Although product safety has dramatically improved over the years, toys still can and do cause injuries to children. It’s not enough to scour recall lists, either. Although defective products are responsible for some injuries, improper use causes most toy injuries.

In order to avoid toy injuries, we recommend the following guidelines:

Magnetic toys: If children swallow high-powered magnets, it can result in a life-threatening intestinal injury. Avoid high-powered magnet sets that do not meet Consumer Product Safety Commission standards.

Balloons: Children may choke or suffocate on deflated or popped balloons. Keep deflated balloons out of the reach of children, and dispose of broken balloons immediately.

Small toy parts: Small toy parts are a choking and ingestion hazard for young children. Avoid toys with small parts for children under three, and always follow toy age guidelines.

Riding or moving toys: These toys are inherently dangerous, as children can fall off and crash. If you’re considering gifting these items to a child other than your own, be sure to ask the parents’ permission first. Also, include proper safety gear as a part of the gift.

South Florida CHild Injury Lawyers

Ultimately, what you need to remember is that while the holidays are a great time for children, they do carry an increased risk of child injuries. For Florida parents to keep their kids safe, they need to use careful supervision and take safety precautions ahead of time.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.