Recovery for Severe Injuries and Disfigurement
Dogs are considered man’s best friend. In most cases, their reputation is well deserved. However, a dog attack can inflict severe injuries on even the strongest, healthiest victim. When the victim is a child, the attack can result in catastrophic or fatal injuries.
Brais Law Firm is a Miami law firm that focuses on personal injury recovery. Our dog bite lawyers hold owners responsible for their pets’ actions. We negotiate to recover compensation from the owner’s homeowner’s insurance policy, which often covers dog bite injuries. When appropriate, we take the owner to court to pursue recovery.
Our firm has a proven history of large recoveries in personal injury claims. Partner and dog bite lawyer, Keith Bras, is a member of the prestigious Multi-Million Dollar Advocates Forum, which admits only those attorneys who have won multi-million damages recoveries. Firm-wide, we have recovered more than $43 million on behalf of firm clients since 2012*. For a more complete list of recoveries won by the firm on behalf of our clients please click “Results”.
Owner’s Liability for Dog Attack Injuries
Florida Statute Section 767.04 establishes the owner’s liability for injuries inflicted by a dog. Under this statute the owner is responsible if the dog bit you while you were lawfully in a public place, on private property or on the owner’s property.
The owner may be held liable even if the dog had not exhibited viciousness in the past or the owner had no knowledge of the dog’s viciousness.
Owners commonly bring a contributory negligence defense in which they claim the victim’s negligence contributed to the biting incident. If a jury agrees with the contributory defense, the award is thereby reduced by the percentage of the victim’s negligence. Awareness of these defense tactics and the development of counter-arguments allows the firm to maximize recoveries on behalf of firm clients.
The Florida Statute also relieves the owner of liability for posting a “Bad Dog” sign in some instances. Case law has whittled away at this defense. Courts have questioned the adequacy of the warning sign in such circumstances as a mail carrier who was bitten outside of the dog’s enclosure, a victim who spoke only Creole French, and a young child not yet able to read.
Miami-Dade Pit Bull Ban
Miami-Dade bans ownership or possession of an American Pit Bull Terrier, an American Staffordshire Terrier, a Staffordshire Bull Terriers or other similar breeds of dogs. The local ordinance was passed to protect the public from these traditionally dangerous dogs.
Recoverable Damages on a Dog Bite Claim
When calculating damages, we consider such factors as your rehabilitation needs, future medical problems, lost earnings and your lost earning capacity. Depending upon your injuries, we may pursue damages for such losses as:
- Head injuries
- Spinal cord damage
- Post-traumatic stress disorder (PTSD)
- Pain and suffering
- Lost wages
- Loss of future earnings
- Wrongful death
Contact a Miami Dog Bite Lawyer
You need an experienced attorney to help you recover damages after a dog attack. Schedule your free claims evaluation at Brais Law Firm today. We handle all dog bite injury claims on contingency, meaning we do not charge you unless we recover damages. Our firm’s main office is in Miami.
*Specific details regarding case and settlement results are not indications of the results of future cases and settlements, nor should they be held to be guarantees, warranties, or predictions regarding the result of representation by our firm. Furthermore, any message regarding the result of a specific case is not a promise of similar results in future cases, but rather represents the outcome of the specific legal and factual basis from which it arises.