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2 reasons why your dog attack claim may be denied

On Behalf of | Sep 30, 2022 | Personal Injury

Dogs provide wonderful companionship to their owners. However, these friendly canines can become the focus of a legal battle when they attack and injure someone. If someone’s dog bites you, you may pursue the animal’s owner or handler for damages through the premises liability lawsuit.

However, not all dog attack claims end in compensation. If you are dog attack claim is denied, you might want to know what went wrong. Here are two reasons why most dog attack claims end in denial.

If you were trespassing

Under Florida law, a dog owner is liable for the resulting damages if their animal attacks someone in a public area or when the victim is lawfully on their private property. However, this liability is significantly reduced or totally eliminated if the attack victim is found to have been negligent. This is often applicable if it is established that the victim was trespassing into the dog owner’s property when the attack happened. For instance, the dog owner may not be liable for your injuries if you are attacked while breaking into the home where the dog lives.

If you take too long to file a claim

Every state has a time limit within which the dog attack victim must file a civil lawsuit against the dog owner following the attack. This time limit is known as the statute of limitations. Once the statute of limitations runs out, you may lose your right to pursue the dog owner for compensation. In Florida, the statute of limitations for personal injuries resulting from a dog attack is four years. This means that you have four years from the date of the attack to file a lawsuit.

A dog attack can result in a variety of injuries. Find out how you can safeguard your rights and interests while litigating a premises liability lawsuit.