South Florida Personal Injury Attorney

South Florida Dog and Animal Bite Lawyer, Florida Dog and Animal Bite Attorneys

South Florida dog and animal bite lawyer David I. Fuchs has over 17 years of experience in successfully representing dog and animal bite victims, their families and friends who have sustained and suffered serious bodily injuries because of an attack by a dog or other animal.

The numbers are up, and it's not good news: Dogs bite 4.7 million people every year.

The explanations are nearly as numerous as the pet dogs, now counted at more than 62 million. Some speculate that Americans, frightened of crime, are favoring fiercer breeds. And busy owners too often leave their pets home alone, untrained and unsocialized. Dogs that spend a lot of time by themselves (especially if they're tied up), aren't used to being around strangers and haven't received basic obedience training, are prime candidates to bite.

Who's Liable?

Those injured usually have the law on their side. In the old days, the law gave dog owners what was called "one free bite." Put simply, an owner wasn't liable for injuries unless the dog had already shown it was likely to hurt someone. The dog didn't actually have to have bitten someone -- for example, if your dog lunged at the neighbor, teeth bared, you were considered to be on notice that the dog might bite.

But most states now make owners liable for any harm their dog causes, whether or not the owner had reason to suspect that the dog was dangerous. Dog owners can find themselves on the hook for an injured person's medical expenses and lost wages, or even the therapy bills of a traumatized child. The dog owner may not be liable if the dog was provoked, or if the injured person was trespassing, but claims like these are often very hard to prove after the fact.

It's far better, of course, to avoid injuries rather than fight about legal liability after they happen. And the truth is that dog owners could prevent most bites.

Teach Your Dog

It's your job, as an owner, to train and socialize your dog. Humane societies everywhere offer low-cost basic obedience classes, which are a good way to teach your dog to behave around other dogs and people. And plenty of good tips are available in books such as How to Be Your Dog's Best Friend and The Art of Raising a Puppy, by the Monks of New Skete.

It's also up to you, as a responsible pet owner, to spay or neuter your dog. It will cut down not only on the number of unwanted dogs, but also on injuries to people. Unsterilized dogs are three times more likely to bite, according to the Humane Society of the United States. Sterilization will also make it easier to keep your dog from straying.

Here are some other simple steps to take.

Never let a dog run at large. In some states, you're automatically liable for any injury your dog causes while at large.

Keep your dog's vaccinations current. Rabies vaccinations are required by law. If your dog bites someone, the authorities, not to mention the victim, will view it a lot more seriously if the dog hasn't had a recent rabies shot.

Keep the dog out of strangers' paths. Lots of people -- mail carriers, salespeople, poll-takers, girl scouts -- routinely come to your front door. Keep the dog away from it. A fenced front yard isn't good enough; most people will open a gate and walk on up to the door.

Post warning signs. If you have any reason to think that your dog might injure someone coming onto your property, post "Beware of Dog" signs prominently. But remember that young children can't read. If you think children might still be at risk, put a lock on the gate.

Teach Your Children

Children are much more likely to be bitten than are adults, and boys are more likely to be bitten than girls. In large part, these injuries occur because the children have never been taught how to behave around dogs. All kids should know these basic rules:

• Don't pet a dog without letting the dog sniff you first.
• Never disturb a dog that's eating, sleeping or caring for puppies.
• Don't run from a dog.
• Try not to make eye contact with a dog; it can be threatening to a dog.

Finally, don't assume that familiarity breeds safety. Many children are bitten by dogs they are familiar with, on the dog's home turf. Children may take more chances with a dog they know, and a dog is more protective in its own home.

If you are bitten it is imperative that you have your bite checked out at the hospital as soon as possible. Dogs can be a host to several bacterial and viral infections that you can contract such as ring worm. Make sure however, that you remember the type of breed to help a doctor assess the extent of the wound. Write down the contact information of the dog’s owner should you need to file a lawsuit.

Dog bite lawsuits arise when the dog bite is serious enough to cause injury, mental aggravation, and hospital bills. It was beneficial that you wrote down the dog breed and the dog owner’s contact information because you will need it when filing a dog bite lawsuit. Should you choose to file a dog bite lawsuit, you will need to contact an attorney to understand your rights and requirements for filing. 

A  majority of states hold the dog’s owner liable for any dog bites. It will also need to be determined if the owner had prior knowledge of the dog’s aggression. This is termed “dangerous propensities". Did the owner know in advance that their dog was of a certain breed that is prone to biting? Did they provide the required safeguards to control this unwanted behavior in their dog?

Additionally, some states have enacted legislation that involves “strict liability". The owner is liable for their dog’s actions whether they knew the dog was dangerous or not. Anytime their dog bites someone they are held liable no matter the situation or circumstances.

On the flip side of the coin is to view this from the dog owner’s perspective. Let’s say the dog owner had prior knowledge that their dog may be dangerous or may bite someone. The owner then took protective measures to keep his dog in a secure area. He also had placed “Beware of Dog" signs on his property and has warned others not to approach his dog as the dog may attack. The owner had done all this, but someone didn’t listen or even provoked the dog on purpose.

If the owner has provided these safety precautions they are sometimes not liable due to “contributory negligence". “Contributory negligence" means that the person who was bitten understood the dangerousness of the animal, but proceeded to place themselves in the dog’s environment anyway. This type of dog bite lawsuit often ends in favor of the dog owner.

If you do file a dog bite lawsuit you can sue for compensation regarding medical costs you will incur due to the dog bite, pain and suffering, property damage, and affected wages. A vicious dog bite can leave you unable to work for some time and you need a way to recoup your losses.

You may also be awarded punitive damages in some cases. Whether or not you are awarded punitive damages depends on the behavior of the dog’s owner. Did the owner intentionally provoke their dog and put you in the line of fire? If so, the dog owner’s behavior will be punished by granting you an additional punitive damages settlement.

If you suffer from a dog bite you can rest a little easier knowing that many health insurance plans cover costs associated with dog bites.

There are several actions that a victim can take in order to facilitate the development of a strong legal case with a dog bite attorney. When a dog bite incident occurs, the first thing to do is seek medical help for a victim’s injuries. Medical records of the physical damages can help a dog bite attorney build a stronger case with a victim later on. The victim of a dog bite should collect all pertinent information about the dog that bit and the owner of the dog. Information about the dog should include the color, size, and type of dog (or dogs) that were involves. Information about the breed, possible age, sex, licensing information (found on a dog collar) and whether or not the dog(s) is fixed should be collected if possible.

The victim should also try to determine who owns, or is responsible, for the dog(s) that bit. In some cases, the dog owner will be on the scene at the time of the incident. Other times an owner may not be immediately identifiable. If the owner is present, a victim should collect pertinent information such as their name, phone number, address, and more information about the dog. If an owner is not present it may be helpful to speak to witnesses of the incident to determine who is responsible for the dog(s). Licensing information on the dog’s tags can also help to identify the owner.

If is also advantageous to take pictures of the dog bite injuries. A victim should also record other important information about the dog bite incident such as the date and time of day, the location where the incident took place, as well as the contact information from potential witnesses. This information can greatly help you and your dog bite attorney build a strong case.

South Florida dog and animal bite lawyer David I. Fuchs will represent you for injuries that include, but are not limited to:

I) Injuries requiring surgery, sutures, staples

2) Traumatic Brain Injury, including those caused by oxygen deprivation

3) Severe burns resulting in significant and permanent scarring

4) Mental anguish and emotional distress, death

5) Those injuries caused by a collision with a driver that is drunk, impaired or otherwise under the influence of narcotics or drugs.

After an attack by a dog or other animal it is imperative to call the police to the accident scene, seek immediate medical treatment. It is then important to seek legal counsel to protect your legal rights by calling Florida dog and animal bite lawyer David I. Fuchs who will take your call and speak with you immediately about your dog bite case. Florida dog and animal bite lawyer David I. Fuchs will then stand ready to fight for you to see that you get compensation for your pain and suffering, any lost wages and medical bills. 

Call South Florida dog and animal bite attorney David I. Fuchs Toll Free at 800-570-2858 for a free consultation to discuss your dog or animal bite case. You may also write to South Florida dog and animal bite Attorney David I. Fuchs by filling out the form on the "Contact Us" page."

If you can not come to us South Florida dog and animal bite David I. Fuchs will send a representative to see you. We speak English and Spanish. Se habla ingles y espanol. 

Llame David Fuchs Florida abogado de accidentes con perros y animales.