How Florida’s Dog Bite Laws Work
Introduction
Dog bites can cause serious physical and emotional injuries, leaving victims with medical expenses, scarring, and psychological trauma. In Florida, dog owners can be held liable if their dog bites someone, even if the animal has never shown aggression before.
This guide explains Florida’s dog bite laws, who can be held responsible, and what steps victims should take to seek compensation.
Florida’s Strict Liability Rule for Dog Bites
Florida follows a strict liability rule for dog bites, meaning that a dog owner is responsible for injuries caused by their pet, regardless of whether they knew the dog was dangerous. Under Florida law, an owner is liable if:
- The victim was in a public place or lawfully on private property when the bite occurred
- The victim did not provoke the dog
This means that a victim does not need to prove that the owner was negligent to recover compensation. Unlike some states that follow a one-bite rule, Florida does not require a history of aggression for an owner to be held liable.
Exceptions to Dog Bite Liability in Florida
While Florida law generally holds dog owners responsible, there are some exceptions:
- If the victim was trespassing at the time of the attack, the owner may not be liable
- If the victim provoked the dog, the owner may argue that they should not be responsible
- If the owner had a visible warning sign that says “Beware of Dog” on their property, they may not be liable for a bite unless the victim was under six years old or the owner was otherwise negligent
Even if an exception applies, victims may still be able to recover compensation under certain circumstances, especially if the owner acted recklessly or failed to control a known aggressive dog.
What Compensation Can Dog Bite Victims Recover?
Victims of dog bites may be entitled to financial compensation, including:
- Medical expenses for emergency care, surgery, and rehabilitation
- Lost wages if the injury prevents the victim from working
- Pain and suffering due to physical pain and emotional trauma
- Psychological treatment for anxiety or post-traumatic stress disorder
- Scarring and disfigurement damages for permanent injuries
The amount of compensation depends on the severity of the injury and how the attack has impacted the victim’s life.
How to Prove a Dog Bite Claim in Florida
To successfully file a claim, the victim must show:
- That the dog bite occurred in a public place or while lawfully on private property
- That they did not provoke the dog
- That they suffered injuries as a direct result of the bite
Evidence that can help strengthen a dog bite claim includes:
- Medical records documenting the injury
- Photos of the bite wounds and any scarring
- Witness statements from people who saw the attack
- Reports from animal control if the dog had a history of aggression
Since dog bite cases can sometimes be disputed by owners or their insurance companies, gathering strong evidence is essential for a successful claim.
What to Do After a Dog Bite in Florida
If you are bitten by a dog, taking the right steps can protect your health and legal rights.
Seek Medical Attention Immediately
Dog bites can lead to infections, nerve damage, and other complications, so seeing a doctor right away is important.
Identify the Dog and Owner
If possible, obtain the name and contact information of the dog’s owner. Ask for proof of rabies vaccination.
Report the Bite to Animal Control
Reporting the incident can help document the attack and determine if the dog has a history of aggression.
Take Photos of Injuries and the Scene
Photographic evidence of the wound, torn clothing, and the location where the attack occurred can be useful in proving the claim.
Get Contact Information for Witnesses
If anyone saw the attack, their statements can help support your version of events.
Avoid Speaking with the Dog Owner’s Insurance Company
Insurance adjusters may try to downplay the severity of the injury or shift blame onto the victim. It is best to consult with an attorney before discussing the claim with insurers.
Time Limits for Filing a Dog Bite Claim in Florida
Florida law requires dog bite victims to file a personal injury claim within two years from the date of the attack. Failing to file within this time frame may result in losing the right to seek compensation.
How a Personal Injury Attorney Can Help
A personal injury attorney can assist dog bite victims by:
- Investigating the attack and gathering evidence
- Negotiating with the dog owner’s insurance company for a fair settlement
- Filing a lawsuit if the owner refuses to take responsibility
- Ensuring that all legal deadlines and requirements are met
At Bonderud Law, we help dog bite victims secure the compensation they need for medical expenses, lost wages, and emotional distress. If you or a loved one has been attacked by a dog, contact us today for a free consultation.
Conclusion
Florida’s strict liability dog bite law protects victims by holding dog owners accountable for injuries caused by their pets. While some exceptions exist, most victims have the right to seek compensation for medical bills, lost income, and pain and suffering.
If you have been bitten by a dog, taking immediate action, gathering evidence, and consulting an attorney can help ensure you receive the compensation you deserve.