Tampa, FL asked in Personal Injury for Florida

Q: My neighbors dog got out from across the street came across and took a chunk out of my arm. Can I do anything?

They have no insurance

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6 Lawyer Answers
Michael Fayard
Michael Fayard
PREMIUM
Answered
  • Honolulu, HI
  • Licensed in Florida

A: Yes. You may have a claim against your neighbor and their home owner’s policy for the dog bite. Call a reputable Florida dog bite attorney sooner rather than later.

Mitchell Feldman agrees with this answer

1 user found this answer helpful

Mitchell Feldman
Mitchell Feldman
PREMIUM
Answered
  • TAMPA, FL
  • Licensed in Florida

A: Yes. The owner is liable as an act of negligence, and if they have homeowners insurance may cover the dog owner for the claim. Not sure of extent of injury. If no medical treatment needed then may not be of much value. Certainly if stitches or more serious injury and medical expenses incurred it’s something to consider making a claim.

Mitchell Feldman
Mitchell Feldman
PREMIUM
Answered
  • TAMPA, FL
  • Licensed in Florida

A: Yes. The owner is liable as an act of negligence, and if they have homeowners insurance may cover the dog owner for the claim. Not sure of extent of injury. If no medical treatment needed then may not be of much value. Certainly if stitches or more serious injury and medical expenses incurred it’s something to consider making a claim.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: Yes you have a claim against the dog owner. Discuss with counsel here in Florida about contingency fee representation which means you don’t pay anything unless you win.

Gregg M. Hollander
Gregg M. Hollander
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: I'm sorry to hear about this, it must have been very traumatic. You may very well have a claim against your neighbor. In fact, Florida is a “strict liability” state, which means a dog owner can be held liable for a dog bite, even if they were not previously aware of the aggressive nature of the animal. Most importantly, Florida dog bite laws do not require the victim to prove their injuries were a result of an owner's negligence.

The big questions here are whether your neighbor had homeowner's insurance and if so, whether that insurance policy has an animal exclusion. Many homeowner's insurance policy's these days carry an animal exclusion which means they will not cover a dog bite. As I'm writing this, I see where you state in your question that your neighbor does not have insurance. If this is the case, you could certainly sue them personally but if they don't have insurance, they may not have any assets to protect. Without an insurance policy from which to collect money damages, it may be difficult to find an attorney willing to take on the risk of this case. However, I would recommend consulting with a local personal injury lawyer in your area.

Best of luck!

Josh Corriveau
Josh Corriveau
Answered

A: Yes, your neighbor would be at fault for the dog bite. If your neighbor has homeowner's insurance, it may provide insurance coverage for you for this incident. Additional information is necessary as it relates to your injury to fully determine your legal options and whether it is worth it to assert a claim. For instance, did you seek medical attention? What is the extent of your injury? Wishing you a fast recovery.

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