Negligence results when a person fails to use reasonable care in their actions or conduct. Florida is a comparative negligence State. That means that each party is assigned a percentage of fault in the case and recovery is based on that percentage of fault. Therefore, even in cases where a person was partially at fault in the accident, that person may still be able to recover money damages for their injuries, or for the wrongful death of a family member. In other cases it is clear that one person is 100% at fault, so that person could recover 100% of the money damages they are entitled.
The insurance companies involved are typically very large corporations, which are often not looking out for what is best for the injured person. If you were involved in the accident, it is oftentimes difficult to be an effective advocate for yourself when you are in pain, worried about missing work, and going to the doctor, all while still trying to take care of your own family. That’s why it is very important to contact an experienced injury attorney who will advocate on your behalf and negotiate with the insurance companies.
DOG BITE LIABILITY
The Florida dog bite statute imposes strict liability for any damage the dog causes a person, other animals, or livestock. The owner of the dog in Florida is the person who is liable for the dogs’ actions and does not have to be aware of the dog’s vicious propensities in order to be liable. However, a dog owner is not strictly liable for a person who is bitten while trespassing on the owner’s property. The injured person must have been in a public or private place he or she legally had a right to be. In certain circumstances, the owner posting a sign that states “Bad Dog” might be enough to protect the dog owner from being legally responsible for the injuries. However, it is not clear cut and the Florida courts have interpreted the dog bite statute in many cases. There can be issues about how a sign was displayed or whether the injured person was told to ignore the sign. Additionally, it is not always clear who the owner of the dog is or whether a person was trespassing on the property.
Therefore, it is important to consult with a knowledgeable injury attorney like Ms. Snead to fully discuss all of the issues in your case.