Understanding the time limits for filing a dog bite lawsuit in Florida is crucial for victims seeking compensation. The statute of limitations for dog bite cases in Florida has recently changed, affecting the timeline for legal action.
Current Statute of Limitations
As of February 21, 2025, the statute of limitations for dog bite lawsuits in Florida is two years from the date of the incident. This change was implemented through House Bill 837, which took effect on March 24, 2023.
Timeline Breakdown
- For dog bites occurring after March 24, 2023: Victims have two years from the date of the incident to file a lawsuit.
- For dog bites that occurred before March 24, 2023: The previous four-year statute of limitations still applies.
Importance of Timely Action
While the law provides a two-year window, it’s crucial to act promptly for several reasons:
- Evidence preservation: Acting quickly helps preserve vital evidence for your case.
- Witness recollection: Memories fade over time, making early statements more reliable.
- Medical documentation: Prompt medical attention creates a clear link between the bite and your injuries.
Exceptions and Special Considerations
- Minors: The statute of limitations may be tolled (paused) for minors until they reach the age of majority.
- Discovery rule: In rare cases where injuries aren’t immediately apparent, the clock may start when the injury is discovered or should have been discovered.
Steps to Take After a Dog Bite
- Seek immediate medical attention.
- Report the incident to local authorities and animal control.
- Document the incident, including photos of injuries and the location.
- Gather contact information from the dog owner and any witnesses.
- Consult with a personal injury attorney experienced in dog bite cases.
Consequences of Missing the Deadline
Failing to file within the two-year limit can result in:
- The court dismissing your case
- Loss of legal recourse against the liable party
- Inability to recover compensation for medical bills, lost wages, and pain and suffering1
Florida’s Strict Liability for Dog Bites
Florida follows a strict liability rule for dog bites, meaning owners are generally responsible for injuries their dogs cause, regardless of the dog’s previous behavior or the owner’s knowledge of any aggressive tendencies.
Potential Defenses
Dog owners may have defenses even within the statute of limitations:
- Trespassing: If the victim was unlawfully on private property.
- Provocation: If the victim provoked the dog.
- Comparative negligence: If the victim’s actions contributed to the incident.
The two-year statute of limitations for dog bite lawsuits in Florida underscores the importance of prompt action. Victims should seek legal counsel as soon as possible to ensure their rights are protected and to navigate the complexities of Florida’s dog bite laws. By understanding these time limits and acting swiftly, victims can maximize their chances of receiving fair compensation for their injuries.
SOURCES:-
[1] https://www.injuredinflorida.com/faq/statute-of-limitations-dog-bite-injury-claims-florida/
[2] https://www.salterhealy.com/floridas-new-statute-of-limitations-for-personal-injury-cases-2023/
[3] https://www.thelawplace.com/faqs/what-is-the-statute-of-limitations-for-dog-bite-injury-claims-in-florida/
[4] https://gouldcooksey.com/blog/florida-injury-statute-limitations/
