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11
pages
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English
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Documents
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2013
Description
Can You Sue Over a Dog Bite? Dog Bite Liability in Florida Florida’s dog bite statute, Title 45 Section 767.04, imposes on dog owners liability subject to specific exceptions for bites that injure any person in a public place or lawfully present in a private place. Negligence by the person bitten reduces the owner’s liability by the percentage the negligence contributes to the incident. http://www.sslegalfirm.com/blog/person al-injury/can-you-sue-over-a-dog-bite- dog-bite-liability-in-florida An owner is not liable, except as to anyone under the age of 6 and except for his own misconduct, if at the time of the injury the owner had posted in a prominent place a conspicuous sign warning of a bad dog. This statutory remedy is in addition to any other by statute or common law. The dog-bite statute applies to the owner only and not to a custodian or keeper of a dog, Belcher Yacht, Inc v Stickney, 450 So2d 1111, 1112 (FL 1984). Common law remedies are available in situations not covered by the statute, Ibid. Negligence, the failure to exercise the ordinary care of a reasonably prudent and careful person, is another ground for dog-bite liability in Florida. For example, allowing a stray dog into a day care center playground is negligence Negligence per se, a doctrine similar to strict liability, can apply if the bite occurs because the dog owner violates a statute, ordinance, or regulation for public safety.
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Publié par
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Publié le
19 décembre 2013
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Langue
English