Florida Dog Bite Lawyer

Florida Law: Dog Owners Are Responsible

Florida law can hold dog owners liable for injuries their dogs cause, even without a prior history of aggression. The applicable statute, the circumstances of the injury, and any defenses must be evaluated in each case. Florida actually has two separate statutes that protect victims. Understanding how each statute works and when each applies is the foundation of any Florida dog injury claim.

§ 767.04: Strict Liability for Dog Bites

Florida Statute § 767.04 covers dog bites specifically. Under § 767.04, a dog owner is liable for damages suffered by a person bitten while in a public place, or lawfully on private property, including the owner’s own property, regardless of the dog’s prior history of viciousness or whether the owner had any knowledge of such viciousness. Unlike states that follow a “one-bite rule,” where an owner may escape liability for a dog’s first attack, Florida’s dedicated dog bite statute provides no such protection. Liability remains subject to the statute’s conditions and defenses.

§ 767.01: Injuries Beyond Dog Bites

Florida Statute § 767.01 goes further than just bites and holds owners liable for any damage their dog causes. If a dog knocked you down, jumped on you, chased you and caused you to fall, or caused an accident, this statute may apply. Florida courts have consistently interpreted this statute as a strict liability provision, meaning the owner’s knowledge of the dog’s prior behavior is irrelevant. The key legal requirement is that the dog’s behavior directly caused the injury.

Dog Owner Defenses

Florida’s strict liability framework does not mean an owner is automatically responsible for 100% of damages in every case. Any negligence on the part of the injured person that contributed to the incident may reduce the owner’s liability. The effect of comparative fault depends on the legal basis of the claim. Section 767.04 specifically provides for reducing the owner’s liability in proportion to negligence by the person bitten that contributed to the incident. Insurance companies routinely argue provocation or victim fault to reduce payouts, which is why experienced legal representation matters from the outset. There is also a limited defense under § 767.04. If the dog owner had an easily readable “Bad Dog” sign posted on their premises, strict liability may be limited. This defense does not apply to a person under age six or when a negligent act or omission of the owner proximately caused the damages.

Act Promptly to Protect Your Claim

Time limits depend on the legal basis of the claim, the incident date, and any applicable exceptions. Florida’s limitations statute treats negligence and statutory-liability claims differently. Contact an attorney promptly to determine the deadline that applies to your circumstances. Evidence can disappear, witnesses’ memories fade, and insurance companies often use delay to their advantage. If you or a loved one has been injured by a dog, whether through a bite or another type of attack, contacting an attorney as soon as possible after seeking medical treatment is strongly advised.

Does This Apply to Your Situation?

Florida’s dog injury laws cover a wide range of situations. You may have a strong case if:

• You were bitten by a dog in a neighbor’s home, outside your home, in a store or restaurant, at a park, on the beach, or anywhere else you had a legal right to be.
• A dog knocked you over and caused injuries.
• You were injured while trying to defend your dog from another dog.
• A dog chased you and you were injured while attempting to get away.
• You were bitten while making a delivery or working at someone’s home.
• A loose dog knocked you off your bicycle.
• A child in your family was attacked at a playdate, at school, or in a neighborhood common area.

If you are unsure whether your situation qualifies, contact Rose Personal Injury at 305-509-8555 or rose@roseinjury.com for a free consultation.

What You Are Entitled To

The dog owner or their insurance company may have already contacted you. They may have offered to cover your copays or emergency room visit and asked you to sign paperwork. What they likely did not explain is that your case may be worth far more than what they are offering. That initial offer is often designed to limit their exposure, not fully compensate you for your injuries. Florida law allows dog attack victims to pursue compensation for the full scope of damages they have suffered, including:

• Medical expenses: emergency treatment, hospitalization, surgery, and follow-up care
• Future medical costs: additional procedures, physical therapy, and long-term treatment
• Scarring and disfigurement: permanent physical changes to your body are compensable damages under Florida law
• Pain and suffering: the physical pain you endured and continue to endure
• Emotional trauma: anxiety, fear of dogs, PTSD, and psychological harm are injuries recognized under Florida law
• Lost wages: income lost while recovering from your injuries
• Loss of earning capacity: if your injuries affect your ability to work long-term

Recent Results for Dog Attack Victims

The following are real results obtained for real clients. Each victim was going about their normal life when someone else’s dog changed everything. $300,000: Florida Keys. A loose dog got free in a public park and began chasing a Monroe County resident. As she tried to escape, she tripped and fell, suffering a puncture wound that required surgery and left permanent scarring. She was never bitten, but under Florida Statute § 767.01, the owner was still liable for the injuries caused by the dog’s actions. $300,000: Miami. A young woman was walking her small dog near her Doral home when a neighbor’s dog got loose and charged toward her pet. While trying to protect her dog, she was repeatedly bitten on the back and suffered permanent scarring. $225,000: Boca Raton, Palm Beach County. A woman stepped outside to check her mail when a neighbor’s dog attacked and bit her before she could return inside. The injuries required surgery and resulted in permanent scarring. She was standing on her own property and had done nothing wrong. Confidential Settlement: Parkland, Broward County. While riding her bicycle through a park, a grandmother was attacked without warning by a loose dog. She suffered dozens of bites to her forearms and required five surgeries. The case demonstrated why Florida’s strict liability laws exist: victims of unprovoked dog attacks deserve accountability regardless of the dog’s prior history.