Legal Question in Personal Injury in Florida

Not My Dog Bite

My son and daughter-in-law live in my home and used to own a dog. I work out of town all the time, and while I was away on business damage was done to my home by trespassers and their dog got out. While out, a girl down the street called the dog off the property and there was a superficial bite. There was no police report done, and my son and his wife surrendered the dog to the animal control to be destroyed, at which time they were also told by AC&C that no citations would be issued as they were not at fault for anything. Now the mother of the girl is trying to sue me, even though her daughter called the dog off of my property. I don't want to put in a claim on my homeowners ins. since the city has said I am not at fault at all. How should I respond to this letter that I have to give them my insurance information?


Asked on 5/29/07, 3:10 pm

3 Answers from Attorneys

Philip DeBerard Accident Law Offices of Philip DeBerard

Re: Not My Dog Bite

Your homeowners policy should be reviewed.

In Florida, dog owners are strictly liable to the victim for dog bite injuries, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness . In addition, dog owners are strictly liable for any damage or injuries caused by the actions of their dogs - bites are not required. This type of law is known as "strict liability", or liability without fault.

In most dog bite cases, the animal's owner will be required to pay of the damages caused by the dog attack. Contact your insurance agent immediately. Good luck

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Answered on 5/29/07, 3:17 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Not My Dog Bite

contact your insurance company immediately. delay in doing so may jeapordize coverage. That is why you have insurance. Use it.

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Answered on 5/29/07, 3:30 pm
Jacob Segal Landau & Segal, P.A.

Re: Not My Dog Bite

You are required by law to tell them your insurance info. If you don't they can sue and get attorney's fees forcing you to reveal the insurance info. Your insurance will appoint an adjuster to look into whether you are at fault.

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Answered on 5/29/07, 6:58 pm


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