Florida Dog Bite Laws: What Victims Need to Know
Florida has strict liability for dog bites. Learn how the law works, what you must prove, and what compensation is available after a dog attack in Florida.
Florida Dog Bite Laws: What Victims Need to Know
Florida has one of the strongest dog bite laws in the country. Unlike states that require proof the the owner knew the dog was dangerous, Florida imposes strict liability on dog owners — meaning you do not need to prove the owner knew the dog had bitten before.
If you were bitten by a dog in Florida, here is what the law says and what your rights are.
Florida's Strict Liability Dog Bite Statute
Florida Statutes § 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."
What This Means in Plain English
- The owner is liable even if the dog has never bitten anyone before
- The owner is liable even if they had no reason to believe the dog was dangerous
- The victim does not need to prove the owner was negligent
- The victim must have been in a public place or lawfully on private property
Where Must You Be When Bitten?
The strict liability statute applies when the victim was:
- In a public place (park, sidewalk, street)
- Lawfully on private property — as an invited guest, customer, mail carrier, utility worker, or other person with a right to be there
Trespassers generally cannot use the strict liability statute, though other legal theories may still apply.
Comparative Fault in Dog Bite Cases
Florida's comparative fault rules apply to dog bite cases. If the victim provoked the dog, the owner's liability may be reduced by the victim's percentage of fault.
Example: If a jury finds the victim was 20% at fault for provoking the dog, a $100,000 award would be reduced to $80,000.
Provocation is a common defense. The owner may argue the victim teased, hit, or startled the dog. Children are particularly vulnerable to this defense — courts recognize that children may not understand how to interact safely with dogs.
What Damages Are Available After a Dog Bite
Dog bite victims in Florida may recover:
Economic damages:
- Emergency medical care
- Surgery (reconstructive surgery for severe bites)
- Follow-up treatment and wound care
- Rabies treatment if required
- Psychological counseling
- Lost wages
- Future medical care
Non-economic damages:
- Pain and suffering
- Emotional distress and PTSD
- Disfigurement (scarring from bite wounds)
- Loss of enjoyment of life
Dog bites to the face, hands, and neck often cause permanent scarring that significantly increases the value of the claim.
Dog Bite Injuries: More Serious Than People Realize
Dog bites cause a range of injuries beyond the obvious puncture wounds:
- Deep tissue damage: Dog jaws exert enormous pressure; bites can damage muscle, tendons, and nerves
- Infection: Dog mouths carry bacteria; infections including cellulitis, sepsis, and MRSA are serious risks
- Nerve damage: Bites to the hands, face, and neck can cause permanent nerve damage
- Psychological trauma: PTSD, fear of dogs, and anxiety are common after serious attacks, especially in children
- Scarring and disfigurement: Facial bites in particular can cause permanent disfigurement requiring multiple surgeries
Steps to Take After a Dog Bite in Florida
- Seek medical care immediately — even minor-looking bites can become seriously infected
- Report the bite to local animal control
- Identify the dog and owner — get the owner's name, address, and contact information
- Photograph your injuries — document the wounds before and after treatment
- Identify witnesses — get names and contact information
- Preserve evidence — keep torn clothing; photograph the location where the bite occurred
- Follow up on rabies vaccination status — animal control can help determine this
- Contact a dog bite attorney — especially if injuries are serious
Who Pays in a Dog Bite Case?
In most cases, the dog owner's homeowner's insurance or renter's insurance covers dog bite claims. These policies typically include personal liability coverage that applies to dog bites.
If the bite occurred at a business, the business's general liability insurance may apply.
Florida's Statute of Limitations
You have two years from the date of the bite to file a personal injury lawsuit in Florida. Do not wait — evidence disappears and witnesses' memories fade. See our full guide on Florida's personal injury statute of limitations.
Juan Cordero Lawyers handles dog bite and Slip and Fall Lawyer Florida cases throughout Florida. If you or your child was bitten by a dog, call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week.
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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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