How Florida’s Dog Bite Laws Work

Introduction

Dog bites can cause serious physical injuries, emotional trauma, and financial burdens. In Florida, dog owners are strictly liable for injuries caused by their pets, meaning victims do not have to prove negligence to recover compensation. However, exceptions and defenses exist that may affect a victim’s ability to file a claim.

This guide explains Florida’s dog bite laws, the rights of victims, and what steps to take after a dog attack.

Florida’s Strict Liability Rule for Dog Bites

Under Florida Statutes § 767.04, dog owners are strictly liable for injuries caused by their dogs if:

• The victim was lawfully on private property or in a public place when the bite occurred.
• The victim did not provoke the dog.

Strict liability means that victims do not have to prove negligence—if a dog bites someone, the owner is automatically responsible for damages.

This differs from one-bite rule states, where a dog owner is only liable if they knew their dog was aggressive.

Exceptions to Florida’s Dog Bite Law

Although Florida has a strict liability law, there are circumstances where a dog owner may avoid liability.

1. Trespassing

If the victim was illegally on private property at the time of the bite, the owner may not be responsible.

2. Provocation

If the victim teased, harassed, or provoked the dog before the attack, the owner may argue that they are not liable.

3. Warning Signs on Private Property

A dog owner may not be liable if:

• A clearly visible warning sign was posted that says “Beware of Dog.”
• The victim was six years old or older (warning signs do not apply to young children).

This defense applies only if the dog owner was not otherwise negligent in handling their pet.

What Compensation Can Dog Bite Victims Recover?

Victims of dog bites may recover compensation for:

• Medical expenses, including emergency care, surgery, and physical therapy.
• Lost wages if the injury prevents the victim from working.
• Pain and suffering for physical and emotional distress.
• Scarring or disfigurement, especially in cases involving facial injuries.
• Psychological trauma, such as fear of dogs or post-traumatic stress disorder (PTSD).

In severe cases, dog attacks can lead to nerve damage, infections, and permanent disabilities, increasing the need for long-term medical care.

Comparative Negligence in Dog Bite Cases

Florida follows a comparative negligence rule, meaning that if a victim is partially at fault for the attack, their compensation may be reduced.

Example:

• A victim ignored warning signs and attempted to pet an aggressive dog.
• The court determines they were 30% at fault for their injuries.
• If damages total $100,000, the victim would receive $70,000 after the reduction.

Steps to Take After a Dog Bite

Taking immediate action after a dog attack can help protect your health and legal rights.

1. Seek medical attention immediately to treat wounds and prevent infections.
2. Report the incident to local animal control or law enforcement.
3. Get the dog owner’s contact information and ask for proof of rabies vaccination.
4. Take photos of the injuries and the location where the attack occurred.
5. Get witness statements from anyone who saw the attack.
6. Avoid speaking with the dog owner’s insurance company before consulting an attorney.

Filing a Dog Bite Claim in Florida

Dog bite victims can seek compensation through:

1. Homeowner’s or Renter’s Insurance

Many dog bite claims are covered by the dog owner’s homeowner’s or renter’s insurance policy.

2. Personal Injury Lawsuit

If the owner does not have insurance or refuses to pay, the victim may file a personal injury lawsuit seeking full compensation.

3. Criminal Charges Against the Dog Owner

If the owner knowingly kept a dangerous dog and failed to prevent attacks, they may face criminal penalties.

Time Limit to File a Dog Bite Lawsuit in Florida

Florida law requires victims to file a dog bite lawsuit within two years from the date of the attack. If a lawsuit is not filed within this period, the victim may lose their right to compensation.

How a Dog Bite Attorney Can Help

Dog bite cases can be complex, especially if the owner denies responsibility or the insurance company refuses to pay fair compensation. A personal injury attorney can:

• Investigate the circumstances of the attack and gather evidence.
• Handle negotiations with insurance companies to secure a fair settlement.
• File a lawsuit if the dog owner refuses to take responsibility.
• Work with medical experts to document the severity of injuries.

At Bonderud Law, we fight for the rights of dog bite victims and help them recover the compensation they deserve. If you or a loved one has been injured in a dog attack, contact us today for a free consultation.

Conclusion

Florida’s strict liability law protects dog bite victims by holding owners responsible for injuries caused by their pets. However, legal challenges can arise if the owner claims the victim provoked the attack or ignored warning signs.

If you or a loved one has suffered a dog bite, consulting an experienced personal injury attorney can help you navigate the claims process and maximize compensation for medical bills, pain and suffering, and other damages.