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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118200
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I am being sued dog causing an accident which resulted in

Customer Question

I am being sued for my dog causing an accident which resulted in personal injury to a neighbor. I am 86 yrs. old and my dog's leash slipped from my grasp to run towards the neighbor's dog. My neighbor swatted at my dog to keep her from away and in the process lost her balance which resulted in a broken wrist. What are my options?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to say that under FL law, any injury caused by a pet is deemed a "strict liability tort" meaning the owner of the pet is strictly liable for all damages caused. The only defense in FL to a dog inflicted injury is comparative negligence, but if your dog got loose and the person was trying to keep the dog away and fell, it is going to be hard to show they had any negligence to reduce your fault. You need to check your homeowner or rental policy to see if they provide coverage for dog injuries. If not, you are legally going to have to negotiate some resolution with the person if your dog caused the injury, since FL law does not make any real defenses available unless the other person caused the dog to get loose from you and attack her.