Animal Attacks

What are animal attacks in a premises liability context?

Animal attacks are a common occurrence that may lead to injuries, fatalities, and lawsuits. In the context of premises liability, animal attacks refer to the injuries sustained by individuals while on someone else’s property caused by an animal owned or controlled by the property owner. Florida law provides a framework that property owners must follow to prevent animal attacks and hold them responsible if such an attack occurs.

Need help with a matter related to animal attacks? Schedule your consultation today with a top premises liability attorney.

In Florida, which laws and regulations relate to animal attacks?

In Florida, the laws that relate to animal attacks include:

1. Florida Statutes 767.04: This statute imposes strict liability on dog owners for damages caused by their dog’s bites. The statute applies even if the dog has never shown violent tendencies before the incident.
2. Florida Statutes 823.04: This statute makes bringing animals suffering from dangerous contagions or pests into the state unlawful.
3. Florida Statutes 767.13: This statute provides liability and penalties for dog owners if their dog was previously declared dangerous and bites a person or domestic animal.

There may also be local ordinances and regulations related to animal attacks, along with state law. Some towns or cities may have local leash and zoning laws regulating the ownership and control of pets or dangerous animals.

What are common issues regarding animal attacks that lead to litigation?

The following issues are among the most common in actions regarding animal attacks in premises liability matters:

• Strict Liability: Florida follows a strict liability approach for dog bites, meaning that the dog’s owner is held liable for any damages caused by their dog biting someone, regardless of whether the owner had prior knowledge of the dog’s dangerous behavior. However, other exotic animals are not regulated as strictly, and premises owners may have to prove negligence to establish liability.
• Negligence: Premises owners who fail to take reasonable steps to prevent animal attacks may be held liable for injuries caused by an animal on their property. Such negligence may include not putting up warning signs or not keeping the animal in a secure enclosure.
• Trespassers: If someone not authorized to be on a property is bitten by an animal, the owner may not be held liable unless the animal had prior aggressive tendencies or the owner acted negligently.

When a set of facts is appropriate to meet the requirements of premises liability for an animal attack, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What steps should a premises manager take to minimize the risk of litigation over animal attacks?

For premises managers, it is essential to minimize the risk of litigation when an animal is on the premises. Some of the most effective steps to take include:

• Create Policies: Establish policies for animals on the property, including breed restrictions, leash rules, and where animals are allowed. A written policy with posted signs will help ensure everyone knows the rules and can avoid potential conflicts.
• Educate Employees: Train employees on animal behavior, recognizing warning signs, and preventing animal attacks. Employees must understand how to interact with animals and how to report aggressive behavior.
• Post Warnings: Post warning signs throughout the property alerting visitors to the presence of animals and how to act around them. This will help mitigate the risk of animal attacks and reduce the risk of premises liability lawsuits.
• Secure Enclosures: Ensure that all animals are kept in secure enclosures that prevent them from escaping and potentially causing harm. Regularly inspect the enclosures to ensure they are secure and no animals have escaped.
• Screen Tenants: Screen tenants to ensure that they have no history of animal attacks or that their animals do not pose a risk to others. Landlords may be liable for tenant animal attacks in some circumstances, so it is crucial to choose tenants carefully.
• Purchase Liability Insurance: Purchase liability insurance that covers animal attacks to protect against potential litigation. This will help ensure that the premises owner is covered if a premises liability lawsuit arises.

By taking these steps, premises managers can minimize the risk of litigation over animal attacks in premises liability matters in Florida.

What evidence does a plaintiff generally need to successfully file a lawsuit regarding animal attacks, and what are common legal defenses to those claims?

In many cases, a plaintiff may have to prove the defendant was negligent in maintaining or controlling the premises and that the plaintiff suffered harm due to that negligence. To successfully argue a negligence claim in court, a plaintiff must prove:

• Duty: The defendant owed a duty of care to the plaintiff.
• Breach: The defendant breached that duty by failing to act as a reasonable person would under similar circumstances.
• Causation: The defendant’s breach caused the plaintiff’s injuries or damages.
• Damages: The plaintiff suffered actual harm due to the defendant’s breach.

The following are common legal defenses in negligence cases that may be raised against animal attack claims:

• Comparative Fault: The defendant may argue that the plaintiff’s negligence contributed to the animal attack, reducing or eliminating the defendant’s liability.
• Assumption of Risk: The defendant may argue that the plaintiff assumed the risk of the animal attack and is therefore barred from recovery.
• Trespassing: If the plaintiff was trespassing on the defendant’s property at the time of the animal attack, the defendant may argue that they had no duty to the plaintiff and are not liable for the plaintiff’s injuries.
• Third-Party Liability: If the animal attack was caused by a third party, such as the animal’s owner or a third-party contractor, the defendant may argue that they are not liable for the plaintiff’s injuries.
• Lack of Causation: if the plaintiff cannot prove that the defendant’s breach of duty caused their injuries, the defendant may argue that the animal attack did not cause the plaintiff’s injuries.

To see what actions or defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Frequently Asked Questions

What damages can I recover in a premises liability lawsuit regarding animal attacks?

Damages that may be recovered in a premises liability lawsuit regarding animal attacks include, but are not limited to, medical expenses, lost wages, pain and suffering, and property damage.

How long do I have to file a lawsuit for an animal attack in Florida?

The statute of limitations for filing a premises liability lawsuit in Florida is two years from the date of the animal attack.

What should I do if I am attacked by an animal on someone else’s property?

Seek medical attention immediately and report the incident to the property owner or manager. Document the incident by taking photos of your injuries and where the attack occurred. Contact a premises liability attorney as soon as possible to discuss your legal options.

Have more questions about an animal attack-related situation?

Crucially, this overview of animal attacks does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.