This article attempts to explain the factors that influence the amount that dog bite victims can get in Florida settlement.
Being bitten by a dog is a traumatic experience, no matter how minor the bite is. If you are bringing a claim against the dog owner, you may be wondering what your possible compensation might be.
What is the Average Dog Bite Injury Settlement?
Based on the settlements listed below, the average dog bite settlement amount for a case with severe injuries is $188,750, with cases settling between $75,000 and $455,000. These settlements can vary depending on case factors, including the severity of injuries, liability, and negligence, and whether the case goes to trial or is settled.
Generally speaking, most dog bite injuries settle for several thousand to cover damages. However, if the injury is significant, there may be more damages to claim and therefore would significantly increase the settlement amount.
Average Florida Dog Bite Settlement Amounts
Looking for the average dog bite settlement in Florida? According to the Florida dog bite settlement examples listed on this page, the typical Florida dog bite settlement and payout is anywhere from $75,000 to $455,000. Settlements depend greatly on the unique circumstances of each case, which is why there is no accurate average settlement amount for dog bite injuries in Florida. Every case is different and evaluated individually. Even dog bites with similar circumstances won’t settle for the same amount. To learn more about what your case is worth, contact us for a free consultation with an experienced Florida dog bite attorney at Abrahamson & Uiterwyk.
Our dedicated legal team has decades of experience representing injured Florida clients just like you for all their personal injury needs, including dog bites. These cases can be complicated to pursue, which is why you need a knowledgeable attorney representing you.
Contact us today to schedule a 100% free initial consultation by phone or in person with our Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, Lakeland, or other nearby Florida offices.
Examples of Recent Dog Bite Cases in Florida
Dog Bite Settlement – Bottom Lip Laceration – $75,000 Recovered
Our client, a 48 year old dog trainer was hired by the defendant to assist in training the defendant’s Australian cattle dog. The client was invited over to the defendant’s apartment for a “meet and greet” with the dog. While the client was in the apartment, the defendant negligently failed to restrain the dog and the dog lunged at our client and bit her on the face. As a result of the dog bite, the client suffered a large laceration to her bottom lip.
The client presented herself to the emergency room where she received several stitches to her lip and was subsequently referred to a surgeon. While under the care of the surgeon, she received several injections to help with the pain and swelling and was recommended for laser surgery to address the discoloration in the wound and to re-contour the lip.
A demand was made upon the insurance company for the dog owner to compensate our client for her medical bills and pain and suffering. The insurance company refused to provide our client with a reasonable offer, so we took the insurance company to task and filed a lawsuit against the dog owner. After the lawsuit was filed we aggressively sought to set depositions. Prior to the taking of the depositions, however, the insurance company for the defendant wisely decided to avert the personal exposure of the dog owner and settled the case for $75,000. The client was very happy with the settlement and was glad to see the litigation come to end.
Pit Bull Bite Case – $100,000+ Recovered
In this Florida dog bite case, our client was an 88-year-old grandmother enjoying her retirement in the Sunshine State. She was walking her small dog on the sidewalk in her apartment complex when a large pit-bull leapt through the open window of a neighboring apartment and charged her. The pit-bull immediately attacked the client’s dog, and when our client attempted to pick her dog up, the pit-bull turned its attention to her. The pit-bull bit our client on the leg several times, which resulted in several large gashes and a complex fracture of her leg. The brutal attack was only stopped after witnesses rushed to our client’s aid.
Following the pit bull attack and dog bite, our client was rushed to the hospital by ambulance, where emergency surgery was performed to clean and close her open wounds and to set her fractured leg. Our client then spent two days in the hospital to receive intravenous before being discharged to the care of an orthopedic doctor. The orthopedic doctor prescribed home healthcare for physical therapy and wound care. The bite marks from the attack left permanent disfiguring scarring, and our client was forced to walk with a cane.
Our law firm pursued the insurance company for the owner of the pit-bull. We were able to convince them to pay their entire policy limits of $100,000. In an effort to get more compensation for our client, we explored responsibility for the dog bite from the apartment complex. It was our position that the apartment complex had allowed a dangerous dog to reside on their property, even though there had been prior complaints about the pit-bull’s aggressive behavior. The apartment complex denied liability for the attack, and our firm promptly instigated a lawsuit against the apartment complex, which is ongoing.
Dog Bite Settlement Amount – $125,000 Recovered
The client was walking her dog in the common area of the apartment complex where she lives. A pitbull jumped through the window of one of the apartments and attacked her. She suffered a leg fracture and a large bite on her leg. The dog owner paid its policy limits of $100,000, but we pursued the apartment complex for additional damages for negligence for permitting the dog to be on the premises. It is notoriously difficult to hold an apartment complex liable for dog bites. Through discovery, the timely use of Proposals for Settlement, and evidence we discovered through Requests to Produce and Interrogatories, we were able to produce competent evidence of the apartment complex’s knowledge of the dog being on its premises in derogation of community rules. During discovery, the complex threatened to move for summary judgment. In response, we filed a Proposal for Settlement for $25,000, which was accepted by the complex. The case resolved for a total of $125,000 between the two Defendants. The client was happy with the settlement. We were pleased to be able to provide our client with additional compensation from a second Defendant to compensate her for her injuries.
Dog Attack Lawsuit Settlement Case – Dog Led to Fall Injury – $455,000 Recovered
Our client was walking her dog. Another dog was on a leash and its owner allowed the dog to lunge at and to approach the client, who became entangled with the leash. The client fell and suffered a fractured hip and femur, resulting in surgery.
A demand was made, and the defendant’s insurance company merely offered $55,000 to settle the case.
Suit was filed and the defendant’s insurance company increased their offer to $105,000 to settle the case. That offer was rejected.
The case progressed through litigation and settled for a total of $455,000 in 2021.
Factors Influencing Dog Bite Settlement Amounts
Injury Severity
The extent and seriousness of injuries play a crucial role in determining the value of a dog bite settlement. Cases involving severe injuries, such as permanent scars, nerve damage, or bone fractures, typically result in higher compensation.
Pain and Suffering
Emotional trauma, including psychological distress caused by the attack, is also a significant factor. Settlements reflect both physical and emotional harm, along with medical expenses for current and future treatments, when determining the payout.
Establishing Liability
Proving that the dog owner was negligent is another major factor in a dog bite case. To succeed in a claim, the injured party must demonstrate that the owner’s negligence directly caused the injuries.
For instance, if the owner of an aggressive dog knew of the dog’s behavior and failed to leash or restrain it in a public area, they could be held liable for any harm caused.
Shared Responsibility (Comparative Negligence)
In some jurisdictions, comparative negligence laws may affect the settlement. If the victim is partially responsible for the incident, the compensation amount might be reduced accordingly.
For example, if the victim provoked the dog or trespassed on private property, their share of responsibility could lower the settlement amount.
Insurance Coverage
Dog bite settlements are often paid through the dog owner’s homeowner’s insurance. The policy’s coverage limits can significantly influence the maximum amount the injured party may receive.
Economic Damages
If the dog bite resulted in missed work or diminished earning capacity, compensation might include lost wages and potential future income losses. The financial impact of the injury on the victim’s livelihood is taken into account when calculating the settlement.
Legal Support
Choosing skilled legal representation can also affect the outcome of a settlement. Experienced dog bite lawyers can guide victims through the legal process, build a strong case, and work to secure the highest possible compensation. Pursuing a claim without professional legal support may result in a lower settlement amount.
Liability for Dog Bites in Florida
Dog owners can be held liable in both civil and criminal court when their dog attacks someone. Florida is what’s known as a “strict liability” state. That means that the law holds dog owners liable when their dog bites someone, even if the owner was not aware their dog is aggressive.
Under strict liability, victims do not have to prove a dog owner’s negligence caused their injuries. What you need to show is that the dog bit you in either a public space or private property you were lawfully on.
In the event your injuries occurred differently, there is still a chance you could hold the dog owner liable. However, you would need to show the dog owner acted negligently or did not use reasonable care.
Florida’s Dangerous Dog Statute
Dog bite laws in Florida include a dangerous dog statute. Under the law, if a dog is declared dangerous, the owner must abide by specific rules and take certain precautions to protect others from the dangerous dog. Failure to adhere to these rules could result in criminal charges against the owner for any injuries their dog causes.
Here are some of the rules owners of dangerous dogs must follow:
- The owner must register the dog with local authorities;
- The owner must keep the dog in an enclosed and secure location; and
- The owner must always ensure the dog has a harness and muzzle anytime it leaves the secure location.
A dog is declared dangerous if it’s previously bitten or aggressively attacked someone causing injury. Even if it was only an attempted attack, the dog could be declared dangerous. Any dog that has aggressively approached or chased someone could also be declared dangerous.
Dogs that have seriously injured or killed other animals multiple times also fall under the category of dangerous dogs. If a dangerous dog caused your injuries, let Abrahamson & Uiterwyk help you get the compensation you deserve.
Defenses to Dog Bite Liability
Dog owners have several defenses available that could reduce or even eliminate their liability altogether. Possible defenses include:
- The plaintiff provoked the dog;
- The plaintiff was not on the property lawfully; or
- The dog perceived a threat and was protecting its owner or someone else in the area.
In the case of a dangerous dog, the owner might not be liable if they had proper precautions in place, including warning signs. However, don’t assume that the dog owner isn’t responsible based on these possible defenses without speaking with a Florida dog bite attorney first.
Potential Compensation in a Florida Dog Bite Case
Depending on the circumstances of your dog attack or dog bite case, you could be eligible to collect monetary damages for:
- Medical expenses to date;
- Future medical expenses, including cosmetic surgery and scar revision surgery;
- Lost wages;
- Future loss of earning capacity;
- Physical pain and suffering; and
- Emotional distress.
To maximize your potential dog attack lawsuit settlement amount in Florida, you need an attorney who has ample experience with these claims. The amount of your compensation is often directly linked with the skill of your attorney.
The Florida dog bite attorneys at Abrahamson & Uiterwyk have years of experience litigating these types of claims. We will work tirelessly to fight for the maximum compensation possible.
Why You Need an Attorney to Represent You in a Dog Bite Case
You might assume dog bite claims quickly resolve if they fall under Florida’s strict liability law. However, these claims are not simple to pursue. There are often coverage questions, with some homeowner insurance companies refusing to extend coverage in a dog bite case. This complexity can lead to questions like is a landlord responsible if a tenant’s dog bites someone in Florida?
In addition, many homeowner policies already exclude certain breeds of dogs that are deemed dangerous. The dog owner needs to ask whether their insurance company offers coverage for an additional premium and conditions.
Even in dog bite cases where coverage and liability are not at issue, proving damages can be challenging. We may need to retain experts who will testify about what type of future treatment you will need. Many dog bite victims require additional surgeries and may be left with significant scarring or disfigurement.
The dog owner’s insurance will look for any way possible to reduce their exposure and potential payout. That is why we hire experts who can refute low Florida dog bite settlement amounts offered by insurance companies.
Contact a Florida Dog Bite Attorney Today
If you are the victim of a dog bite in Florida, don’t go through the arduous legal process alone. Instead, let our experienced legal team help. We have helped many of our clients get the compensation they deserve in personal injury cases.
Contact Abrahamson & Uiterwyk today to schedule a free, no-obligation consultation. We have conveniently located offices in Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, and Lakeland. Let us review your case and advise you on the best course of action to help you maximize your potential dog bite case settlement.