Many children are not mature enough to understand when a dog does not want to be approached or touched. Even if a child’s parents have explained the situation and warned him to stay away from a particular dog—he may not make the right choice. So what happens if a child partially caused his dog bite by not exercising good judgment or antagonizing the dog?
A Child’s Negligence: How it Can Affect a Dog Bite Case
In Florida, two issues arise when a child contributes to his injuries from a dog bite. The first one is comparative negligence. A Image may be NSFW.
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If the child is under six years old, he is presumed to be incapable of committing negligence under Florida law.
When a child is six years old or older, he could have his compensation reduced under comparative negligence if the jury determines he was capable of and appreciated the danger the dog posed. If the child is found to be partially at fault, his compensation would be reduced by the percentage his own actions contributed to his injuries.
The second issue in this type of case is what happens if the child’s parents were partially at fault in failing to supervise him. In this situation, the following rules would apply:
The jury can apportion fault to the parents, even if they are not sued. The compensation due to the child will be based on the determined percentage of fault.
If the negligent parent has no liability insurance—for example, insurance through his homeowner’s insurance policy—the child cannot sue the parent. In addition, the dog bite owner could not argue that some of the compensation he is responsible for should be paid for by the non-insured parent.
If your child is injured by a dog, he could suffer disfiguring scars, mauled fingers, arms, or legs, and psychological trauma. Even if he was partially at fault in causing his dog bite, you should not let this stop you from helping him pursue his right to compensation. He could still recover a substantial sum that can help pay for his expensive medical bills and the therapy he could need to help him deal with the emotional trauma of his dog bite.
If your child suffered injuries from a dog bite, fill out our online form to schedule a free no-obligation consultation to learn how we can help you get the compensation your child deserves.
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