Key Takeaways
- Owner’s fault, from day one: In Florida, dog owners must pay for the bills and pain from all bites, even if the dog never bit anyone before.
- Report and record everything: Call Animal Control, snap photos, and save all medical bills and records.
- Free help is out there: A lawyer with Howell & Thornhill can guide your family at no upfront fee nor cost, so you can focus on healing
A day out at places like the path around Lake Hollingsworth, fields next to Rotary Common Ground Park, Bonnet Springs Park, or the neighborhoods surrounding Lakeland’s many lakes should be a time for children to play, not face a serious dog attack. Unfortunately, dog attacks can happen almost anywhere. Due to their smaller stature and vulnerability, children are more likely to suffer serious injuries to the face, head, or neck, often with lasting physical and emotional effects.
For decades, Howell & Thornhill’s Lakeland dog bite attorneys have helped families across Central Florida navigate Florida’s dog bite laws, local leash ordinances, and serious injury claims. This guide explains what to do after your child has been bitten by a dog, when you can pursue a legal claim, and the compensation that may be available.
When Does a Child’s Dog Bite Become a Legal Claim in Florida?
Florida follows a strict liability rule, which generally holds dog owners responsible for injuries caused by their pets, even if the dog had never bitten anyone or shown signs of aggression before.
What Is Florida’s Strict Liability Rule?
Under Florida law, dog owners are generally liable if their dog bites someone who is lawfully on public or private property. Unlike some states, Florida does not follow a “one free bite” rule, meaning an owner can be held responsible from the very first attack.
Is the dog owner responsible if the injury is from the dog but there was no bite?
Under Florida law, dog owners are liable for the harm caused by the dog, even if the dog did not bite the victim. For instance, if a dog attacks a bicyclist, who falls, the owner is responsible even if no bite occurred. If the dog jumps on a walker and pushes them down, the owner of the dog is responsible for the harm.
What Should You Do After Your Child Is Bitten by a Dog?
Consider taking the following steps:
- Seek medical attention: Prompt treatment helps identify infections, nerve damage, or other injuries while creating an important medical record.
- Report the attack: Contact Polk County Animal Control to document the incident and verify the dog’s vaccination status.
- Preserve evidence: Photograph your child’s injuries, the scene, any damaged clothing, and gather the dog owner’s and any witnesses’ contact information.
- Keep treatment records: Save medical bills, photographs, and records of ongoing care, including any specialist treatment your child requires.
- Speak with a Lakeland dog bite lawyer: Early legal guidance can help preserve evidence, protect your family’s rights, and deal with insurance companies while you focus on your child’s recovery.
What Compensation Can Be Recovered After a Child’s Dog Bite Injury?
Depending on the circumstances, damages may include:
- Medical treatment: Emergency room care, hospital stays, surgery, medication, follow-up appointments, and any future medical treatment related to the injury.
- Plastic and reconstructive surgery: Compensation for procedures needed to address permanent facial scarring, disfigurement, or other lasting physical injuries as your child grows. Dog bites often scar because the bite usually tears the skin and stitching is hard for doctors to use on a bite wound.
- Psychological care: The cost of counseling or therapy to help your child cope with post-traumatic stress disorder (PTSD), anxiety, or a long-term fear of dogs following the attack.
- Pain, suffering, and permanent impairment: Compensation for your child’s pain, suffering, emotional distress, permanent scarring, reduced quality of life, and any lasting disability caused by the attack.
- Financial losses: Reimbursement for out-of-pocket medical expenses, travel costs for treatment, health insurance co-pays, and other reasonable expenses incurred as a result of your child’s injuries.
How We Support Families After a Child Dog Bite
A successful child dog bite claim requires investigating the circumstances of the attack, documenting your child’s injuries, and anticipating future treatment needs. Here’s how our Lakeland dog bite attorneys approach these cases.
Identifying the Evidence
Our team reviews medical records, Animal Control reports, photographs, witness statements, and other available evidence. Where appropriate, we also investigate whether there were previous complaints or reported incidents. Our investigator often searches for video of the attack.
Demonstrating the Full Impact of Your Child’s Injuries
We work with medical professionals to understand future treatment needs, including reconstructive surgery, scar management, and psychological therapy, so these long-term effects are fully reflected in your claim.
Protecting Your Interests During Insurance Negotiations
Our attorneys handle communications with the insurance company, prepare the evidence needed to support your claim, and challenge attempts to minimize your child’s injuries.
Frequently Asked Questions
Below are some of the most common questions we receive from dog bite victims and their families in Lakeland and throughout Polk County.
Can I still file a lawsuit if my child was bitten by a dog belonging to a family member or friend?
Yes. Many claims are made through the dog owner’s homeowner’s insurance policy rather than against the owner personally.
Does a “Bad Dog” sign prevent me from pursuing compensation?
No. Under Florida law, the statutory “Bad Dog” sign defense does not apply when the injured child is under six years old.
What happens if my child was partially to blame for provoking the dog before the attack?
It depends on the circumstances. An attorney can assess the facts and explain how Florida law applies to your child’s claim.
Are there any upfront out-of-pocket costs to hire a Lakeland dog attack attorney?
No. Howell & Thornhill handles dog bite claims on a contingency fee basis, so you pay no attorney’s fees nor costs unless your there is a recovery in your case.
We can answer your specific questions during your free initial consultation.
Learn More About Your Legal Options After a Dog Bite
A dog attack can be an extremely stressful experience and often results in significant medical expenses. While a personal injury claim cannot undo what happened, it can help ease the financial burden and support your child’s recovery.
To learn more about your legal options after a dog bite in Lakeland, explore the resources on our website or schedule a free initial consultation.