One Free Bite For Your Dog?
This is a follow-up to yesterday’s post regarding the attacks by coyotes upon pets in the Naples, Florida area.
We thought that we would take a closer look at the Florida laws regarding the attack by a dog.
Many states have adopted a “one free bite” rule for dogs.
According to dogbitelaw.com . approximately 18 states observe this rule.
According to this site,
"The common law shielded the owner of a domestic animal from civil liability to the first victim of each of his animals. This absolving principle came to be known variously as the "one bite rule," the "first bite rule," or the "first bite free" rule. However, it has been repeatedly stated in the court decisions that the name "one-bite rule" is a misnomer, in that the rule applies to any injury whether or not it was caused by a bite, and that proof of the dangerous propensity of the animal does not require the existence of a prior bite even in a biting case.
The rationale of the one bite rule was that domestic animals by definition were not injurious, and therefore liability could be predicated only on the defendant's knowledge that a particular animal had a propensity to behave in manner that was injurious to humans. Again, the rule applied to any type of injury, whether or not a bite.
The rule provided not only a shield for the animal's owner but also a sword for its victim, because it justified compensating any victim -- after the first one -- who was injured by the same dangerous propensity. The owner, keeper or harborer of the dog thus was held strictly liable when his domestic animal injured a subsequent person the same way it hurt a prior one."
Florida has not adopted this rule.
The Florida Statutes provide, under Title XLV. Torts. Chapter 767. Damage by Dogs.
767.01. Dog owner's liability for damages to persons, domestic animals, or livestock…
Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01.
Also, under 767.04. Dog owner's liability for damages to persons bitten
The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.
And, in addition to any monetary damages (medical expenses, property damage, lost wages or permanent impairment) that might arise as to the owner’s liability, the statute further provides:
767.13. Attack or bite by dangerous dog; penalties; confiscation; destruction
(1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree…In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notification…and thereafter destroyed in an expeditious and humane manner…This 10-day time period shall allow the owner to request a hearing…The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure…
The majority of the states impose at least some type of strict liability upon the owner of a dog that attacks other animals or people.
You are usually responsible for the actions of your pets. Especially the bad actions.
