Dog Bite Injury Lawyer in Florida: Strict Liability and Your Rights

Personal Injury

Dog Bite Injury Lawyer in Florida: Strict Liability and Your Rights

Florida has strict liability for dog bites — owners are responsible even if the dog has never bitten before. Learn your rights and how to pursue a dog bite injury claim.

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Juan Cordero Lawyers
4 min read
Last updated: May 23, 2026
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Dog Bite Injury Lawyer in Florida: Strict Liability and Your Rights

Dog Bite Injury Lawyer in Florida: Strict Liability and Your Rights

Florida has one of the strongest dog bite laws in the country. Under Florida Statute § 767.04, dog owners are strictly liable for injuries caused by their dog biting another person — regardless of whether the dog had ever shown aggression before and regardless of whether the owner knew the dog was dangerous.

This "one bite rule" does not exist in Florida. You do not need to prove the owner knew the dog was dangerous. You simply need to show the dog bit you and you were in a place you had a legal right to be.

Florida's Dog Bite Strict Liability Law

Florida Statute § 767.04 provides:

"The owner of any dog that bites any person while such person is in a public place or lawfully in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness."

Key Elements

You were in a public place or lawfully on private property. This includes being on the owner's property as an invited guest, a mail carrier, a delivery person, or any other person with a legal right to be there.

The dog bit you. The strict liability statute applies specifically to bites. Other dog-related injuries (jumping, knocking down) may be pursued under general negligence theories.

You did not provoke the dog. Provocation is a defense that can reduce or eliminate the owner's liability.

Comparative Fault in Florida Dog Bite Cases

Florida's modified comparative fault system applies to dog bite cases. If you provoked the dog or were partially at fault for the incident, your recovery is reduced by your percentage of fault.

The owner may argue:

  • You provoked the dog (teasing, hitting, startling)
  • You were trespassing
  • You ignored warning signs ("Beware of Dog")

A "Beware of Dog" sign does not eliminate the owner's liability, but it may be used to argue comparative fault if you ignored it and entered the property anyway.

Common Dog Bite Injuries

Dog bites can cause serious, permanent injuries:

  • Puncture wounds and lacerations: Deep tissue damage requiring sutures or surgery
  • Infection: Dog bites carry high infection risk, including rabies and MRSA
  • Nerve damage: Bites to hands, arms, and face can damage nerves permanently
  • Scarring and disfigurement: Facial bites are particularly devastating
  • Psychological trauma: Fear of dogs, PTSD, and anxiety are common after serious attacks
  • Broken bones: Large dogs can fracture bones, particularly in children and elderly victims
  • Crush injuries: Powerful breeds can cause significant crush damage

Children and Dog Bites

Children are the most common victims of serious dog bites. They are more likely to be bitten on the face and head, and their smaller bodies sustain proportionally greater injury. Facial scarring in children can require multiple reconstructive surgeries over years.

When a child is bitten, the statute of limitations is tolled (paused) until the child turns 18. However, it is still important to pursue the claim promptly while evidence is available and the owner's insurance is in place.

What Compensation Is Available

Dog bite victims can recover:

  • Medical expenses (emergency care, wound treatment, surgery, reconstructive procedures)
  • Future medical costs (additional surgeries, scar revision)
  • Lost wages
  • Pain and suffering
  • Emotional distress and psychological trauma
  • Disfigurement and scarring
  • Loss of enjoyment of life

Homeowner's Insurance and Dog Bites

Most dog bite claims are paid through the dog owner's homeowner's or renter's insurance policy. These policies typically include liability coverage for dog bites. Some insurers exclude certain breeds (pit bulls, Rottweilers, German Shepherds) from coverage.

If the owner has no insurance, a direct claim against the owner may be necessary — though recovery depends on the owner's assets.

Steps to Take After a Dog Bite

  1. Seek medical care immediately — dog bites carry serious infection risk
  2. Report the bite to local animal control
  3. Identify the dog and owner — get the owner's name, address, and insurance information
  4. Document your injuries — photograph wounds before and after treatment
  5. Get witness information
  6. Keep all medical records and bills
  7. Contact a dog bite attorney — Florida's strict liability law gives you strong rights

Juan Cordero Lawyers handles dog bite and Slip and Fall Lawyer Florida cases throughout Florida. If you or a family member was bitten by a dog, call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week. We serve clients in Miami, Fort Lauderdale, and across South Florida.

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#dog bite#Florida#strict liability#personal injury#premises liability
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Written by

Juan Cordero Lawyers

Personal injury attorney with 26+ years of experience. Combat veteran, Adjunct Professor of Law, and Top 100 Trial Lawyer fighting for injured clients throughout Florida.

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