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Animal Attacks

Animal Attack Attorneys in Gainesville

Fighting For Those Who Have Been Injured by a Loose Dog or Other Animal in Florida

Being attacked by an animal can be a frightening and traumatic experience. If you or a loved one were the victim of a dog bite, you should seek immediate medical care and report the attack to your county's animal services or sheriff's department. In order to protect your legal rights, time is of the essence. Florida has a strict liability dog bite statute, but identifying the animal that attacked you is an important first step.

If you believe the animal was a stray, you should provide law enforcement officials with a detailed description of the animal and the exact location of the attack.

Call Schackow & Mercadante today at (352) 261-6767 or contact us online to schedule a consultation with our animal attack lawyer in Gainesville.

Why Choose Us?

At Schackow & Mercadante, our legal team will conduct an immediate investigation to:

  • Secure and preserve evidence
  • Track down and interview witnesses
  • Establish the dog's ownership
  • Identify other responsible parties
  • Report the incident to animal control
  • Obtain medical evaluation of injuries

Common Causes of Animal Attacks

An animal attack refers to any incident where a person is injured by an animal. This can happen in various settings, including encounters with domestic pets, wildlife, or animals kept in captivity, like those in zoos or animal sanctuaries.

Common reasons for animal attacks include:

  • Provocation: Animals may attack if they feel threatened or provoked. This could be due to someone getting too close, making sudden movements, or engaging in behaviors that the animal perceives as aggressive.
  • Protection of Territory or Offspring: Some animals, particularly those in the wild, may attack to defend their territory or offspring. Encountering a mother animal with her young can be particularly risky as she may perceive humans as a threat.
  • Fear or Surprise: Animals may attack if they feel scared or surprised. This can happen if a person accidentally approaches too closely or startles the animal.
  • Hunger or Predatory Instincts: In some cases, animals may attack humans if they are hungry or if they perceive humans as prey. This is more common in wildlife encounters, especially in areas where human development has encroached upon natural habitats.
  • Disease or Injury: Sick or injured animals may behave unpredictably and may be more likely to attack out of confusion, fear, or pain.
  • Training or Enclosure Issues: In cases involving domestic animals or animals kept in captivity, attacks may occur due to inadequate training, mistreatment, or poorly maintained enclosures.
  • Unpredictable Behavior: While some animals are generally docile, any animal has the potential to attack under certain circumstances. Factors such as age, breed, and individual temperament can influence an animal's behavior.

Understanding Gainesville Dog Ownership Ordinances

Gainesville has specific ordinances in place to manage dog ownership and responsibilities to prevent incidents of dog bites. Local laws require pet owners to maintain control over their animals at all times and mandate that dogs be leashed in public areas. Failure to adhere to these guidelines can result in fines and increased accountability if a dog bite occurs. Owners must also ensure their pets are vaccinated against rabies, as Alachua County Animal Services requires. This regulatory framework aims to minimize risks to the community while promoting responsible pet ownership.

Accidents and bites still occur despite these precautions, making legal representation crucial. If you are involved in a dog bite incident, understanding your rights under these local ordinances can substantially influence the outcome of any personal injury proceedings. Engaging a knowledgeable attorney familiar with the local nuances can help steer the case through legal channels while ensuring compliance with Gainesville's specific laws.

Immediate Actions Post-Dog Bite Incident

In the aftermath of a dog bite incident, immediate steps can significantly affect legal outcomes and health recovery. First and foremost, seek immediate medical attention to address any potential rabies exposure, infections, or significant injuries. Documenting all injuries and medical treatments provides crucial evidence during legal assessments. It is equally important to report the incident to local animal control or law enforcement to initiate a formal record, which can be pivotal during legal proceedings.

After initial emergency actions, gathering details about the offending animal and its owner is essential. Try to record any witness accounts and take photographs of the incident scene and the injuries sustained. This information helps to build a stronger case when seeking reparations and ensures compliance with local regulations. Consulting a dog bite attorney promptly will guide you through any potential hurdles and assist in negotiating settlements or pursuing litigation as necessary.

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Florida Dog Bite Laws

Florida follows a strict liability rule for dog bites. This means that dog owners are typically held liable for injuries caused by their dogs, regardless of whether the owner knew about the dog's dangerous tendencies or the dog's history of aggression.

Section 767.04 of the Florida Statutes applies when a dog bites someone and causes injury, including both physical injuries and emotional trauma. If the dog's actions result in other forms of harm, such as property damage, the statute may not apply.

There's an exception to strict liability if the person who was bitten was trespassing on the owner's property at the time of the incident. In such cases, the dog owner may not be held liable unless they acted with gross negligence.

Keep in mind that Florida follows the doctrine of comparative negligence. This means that if the person bitten by the dog was partially at fault for the incident, their compensation may be reduced in proportion to their degree of fault.

Designation as a "Dangerous Dog"

Under Florida law, the owner may face civil liability if a dog bites or attacks another person. In turn, the dog may be designated as a "dangerous dog," for which the owner must make special arrangements to keep the animal. If a dangerous dog is left uncontrolled and kills someone, the owner can be charged with manslaughter by culpable negligence. However, if the dog bit someone who was committing a crime or was protecting a human under attack, the owner will not be guilty of any crime. Documenting a dog bite case can be a complex process.

Frequently Asked Questions about Dog Bite Cases

Am I Entitled to Compensation for a Dog Bite?

In Florida, victims of dog bites can seek compensation for various damages, provided they were not trespassing or provoking the dog. Compensation may cover medical costs, lost wages, pain and suffering, and emotional distress caused by the incident. It is essential to document all related expenses and impacts thoroughly. Because Florida operates under a comparative negligence rule, your compensation may be adjusted if you are found partially responsible for the incident. Consulting with a skilled dog bite lawyer can help you understand your eligibility for compensation and the steps needed to pursue a claim.

What Are Gainesville's Regulations on Dog Leashing?

In Gainesville, local regulations require dog owners to keep their pets leashed in public spaces to prevent incidents like dog bites. These laws are designed to ensure the safety of both the pets and people in the community. Failure to comply with these regulations can lead to fines and increased liability if an incident occurs. Understanding these rules is crucial for dog owners to avoid potential legal complications. If you are involved in a dog bite incident, evidence of non-compliance with local laws can be influential when seeking compensation or legal redress.

What Counts as Provocation in a Dog Bite Incident?

Provocation refers to any action that might incite a dog to bite, such as teasing, hitting, or gesturing aggressively towards the animal. In legal terms, if a bite victim is found to have provoked the dog, this can significantly affect their ability to claim damages under Florida law. Determining provocation involves analyzing the circumstances surrounding the incident, including witness statements and animal behavioral assessments. Expert testimonies might also be required to substantiate claims of provocation. Understanding provocation is critical in preparing a robust case and ensuring rightful compensation.

Contact Our Gainesville Animal Attack Lawyer Today

At Schackow & Mercadante, we understand the physical, emotional, and financial toll that animal attacks can take on victims and their families. Our experienced team of attorneys is dedicated to advocating for the rights of those injured in such incidents.

We offer compassionate support and strategic legal guidance to navigate the complexities of personal injury claims involving animal attacks. From investigating the circumstances of the incident to negotiating with insurance companies or litigating in court, we are committed to pursuing the maximum compensation our clients deserve.

Contact us today to get started with our Gainesville animal attack attorneys.

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