Dog Bite Injuries At Apartment Complexes: When Can A Property Owner Share Responsibility?
The consequences of a dog attack can not only have physical repercussions but also leave lasting psychological scars. Although under Florida law, owners are liable for any damages their dogs cause, there are instances when even landlords, apartment complexes, and property management companies could be held liable under the law.
A thorough understanding of liability can help you understand your rights.
Florida’s dog bite law
There is a strict liability statute concerning dog bites in Florida. Under the statute, an owner of a dog can be held liable in situations where their dog bites and injures another party. The owner of the dog, however, is not necessarily the only party that contributed liability to the dog bite.
When can an apartment complex be held liable?
While owners of apartment complexes or property managers are not liable by default in every dog bite incident, they do have a duty of care to ensure the safety of common areas for both residents and visitors.
A landlord can be considered negligent if they knew or should have known that a dog posed a threat to others and failed to take any measures to rectify the issue.
This includes the following cases when:
- Apartment owners were aware that some residents were being attacked or threatened by the dog
- Some pets were considered dangerous under the lease agreement, and this rule was not observed
- A faulty gate/fence allowed the dog to come into common areas
- Residents’ complaints about aggressive pets were not heeded
Proving a negligence claim
Proving your case against the landlord or property management company is usually harder than proving your case against the dog’s owner. What needs to be proven is that the property owner was either actually aware or should have been aware of the risks and took no action to alleviate the problem.
The list of potential proof includes the following:
- Past complaints by other tenants
- Animal control notices
- Past attacks
- Leasing information regarding pets
- Repairing of gates/fencing
- Surveillance tapes
- Witness testimony
An attorney can help you get this type of evidence before it is destroyed.
Compensation for dog bite victims
Injuries sustained due to dog bites can call for urgent medical attention, surgery, therapy, or psychological counseling. Such injuries could result in permanent scarring, nerve damage, infections, and psychological injuries like PTSD.
Under certain conditions, an individual sustaining an injury may seek compensation for:
- Medical bills
- Future medical bills
- Loss of income
- Loss of earning capacity
- Pain and suffering
- Disfigurement and disabilities
In cases where there is more than one responsible party, there may be multiple avenues for compensation.
Talk to a Jacksonville, FL, Dog Bite Attorney Today
Gillette Law represents the interests of the injured in dog bite cases. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
