Florida is home to some of the most diverse wildlife in the country. There are over 700 land animals native to Florida, plus hundreds of species of fish, birds, and other wild animals that thrive throughout the state. Florida is home to animals like the endangered Florida Panther and black bears, manatees, alligators, crocodiles, snakes, and many other species.
Most of these wild animals are found – you guessed it – in the wild. This includes wild animals that live in the Everglades, forests, lakes, and other uncultivated areas of our state. But that’s not the only place you’ll find wild animals in Florida.
You might also see wild animals in a zoo or a wildlife sanctuary.
You might even see wild animals at an event at your local shopping mall or at a roadside attraction just off the highway.
And of course, since this is Florida after all, you might even see a few wild animals inside your neighbor’s house or in their backyard (apparently, one of (in)famous Netflix star Joe Exotic’s earliest experiences with wild animals took place while he was living in West Palm Beach and a friend brought home some baby lions for feeding).
While it can often be fun and exciting to see some of these wild animals in person, you also have to keep in mind that there’s always a risk of the animals turning from calm to aggressive pretty quickly. One minute you might be watching a peaceful wild animal, the next minute you are being violently scratched and bitten by that same animal.
All of this raises the question – who is responsible when a wild animal attacks you?
Ferae Naturae
Ferae naturae is an old Latin term that basically means “wild animal” or “of a wild nature.” When you see that term used in a legal context, it typically is referring to wild animals that aren’t owned or controlled by anybody. So, if you are walking through the woods and a bear attacks you, that would usually be considered a ferae naturae attack. Florida law is complicated when it comes to who is responsible for those types of wild animal attacks when nobody owns or controls the animal. But that’s not what we’re focusing on in this article.
In this post, we’re going to focus on what the law says in Florida about who is responsible when a wild animal that is owned, controlled, or possessed attacks somebody.
What if the Animal is Owned, Controlled, or Possessed?
Unlike the law concerning ferae naturae attacks, when a wild animal that is owned, controlled, or possessed attacks somebody in Florida, the law is fairly clear. When a person owns or takes possession or control over a wild animal, they generally become responsible for that animal’s actions, including if the animal attacks somebody else.
Many wild animals are inherently dangerous, so when a person chooses to own or possess a wild animal, they are held to a high standard of liability, or what we typically refer to as “strict liability.”
What is Strict Liability for Wild Animal Attacks?
Strict liability in this context basically just means that if a person (or company) owns, controls, or possesses a wild animal, and that wild animal attacks somebody, the person or company who owns, controls, or possesses the wild animal can be liable for the attack regardless of whether they were negligent. In other words, the question isn’t whether the owner of the animal did anything wrong that caused the animal to attack somebody. Rather, the question is simply: did they own, control, or possess the wild animal that attacked another person? If the answer is yes, then they may be liable for the harm caused by the animal.
The reason for this strict liability rule for wild animal attacks is that a person or company who owns, controls, or possesses a wild animal should be held to a high standard of liability due to the danger inherent in harboring a wild animal. Wild animals are generally considered unpredictable, so if somebody decides to own one, they take on the risk of that animal attacking another person. This rule of strict liability for these types of wild animal attacks has been the rule in Florida for over 50 years.
If You Were Attacked by a Wild Animal in Florida, Who Can You Sue?
In a typical case, the person or company who owned, controlled, or possessed the wild animal can be sued if one of their wild animals attacks and injures another person.
This could include:
- The specific individual or company that actually owns the animal or keeps the animal in their possession.
- The company that runs the exhibition or attraction where the attack occurred – roadside zoos, petting zoos, animal sanctuaries, etc.
- Property owners who host events at their premises involving wild animals.
What Should You Do After a Wild Animal Attack?
- Get medical treatment immediately. This means you need to go to the hospital or an urgent care right away. Don’t just go home and wait around for a few days before getting medical attention. Some wild animals can contain diseases and viruses like rabies that can spread quickly if not appropriately treated (keep in mind that just because an animal looks OK and isn’t frothing at the mouth doesn’t mean it doesn’t have rabies or another harmful virus).
- Take photographs or videos of your wounds and other injuries caused by the animal attack.
- Try to get photographs or videos of the animal that attacked you and the location where the attack occurred, the people who were working there, etc.
- Get contact information (name, phone number, address) for any witnesses.
Contact Our Office for a Free Consultation if You Have Been Injured by a Wild Animal Attack in Florida
If you were injured by a wild animal attack in Broward, Palm Beach, or anywhere else in Florida and have questions about who may be liable for your injuries, call our office today at (954) 833-1440 for a free consultation.