Can I Sue for a Dog Bite in Florida? Understanding Strict Liability

Dog bites can cause devastating physical and emotional trauma, from deep puncture wounds and infections to long-term scarring or PTSD. For many victims, the most pressing question after such an attack is: Can I sue the dog’s owner?

In Florida, the answer is almost always yes, thanks to the state’s strict liability law for dog bites. Unlike some states that require proof of prior aggression (“one-bite rule”), Florida law holds dog owners immediately responsible if their pet injures someone, even if the animal had never shown signs of danger before.

This article explains Florida’s dog bite laws, the concept of strict liability, potential defenses, and how a Florida dog bite lawyer can help victims pursue compensation for their injuries.

Florida’s Dog Bite Statute: Strict Liability

Under Florida Statute §767.04, a dog owner is liable for any injuries caused by their dog when:

• The victim was lawfully on public or private property, and
  
• The victim did not provoke the dog.

This means the victim doesn’t have to prove the owner was negligent or that the dog had a history of aggression. The mere fact that the bite occurred is enough to establish liability.

The statute applies to bites that occur:

• In public places, such as parks or sidewalks
  
• On private property, including the owner’s home or yard (if the victim was legally present)

Even a postal worker, delivery driver, or invited guest can file a claim under this law.

When Strict Liability Applies, and When It Doesn’t

While Florida’s strict liability law heavily favors victims, there are exceptions and defenses an owner might raise:

1. Provocation

If the injured person teased, hit, or provoked the dog, the owner’s liability may be reduced or eliminated. Courts will examine the victim’s behavior immediately before the bite.

2. Trespassing

Strict liability does not apply if the victim was trespassing or unlawfully on private property at the time of the incident.

3. “Bad Dog” Sign Defense

If the owner had a “Bad Dog” warning sign clearly posted on their property, they might be partially shielded from liability, unless the victim was under 6 years old or the owner’s own negligence contributed to the attack.

4. Comparative Negligence

Florida follows a modified comparative fault rule, meaning compensation may be reduced by the victim’s percentage of fault. For example, if a person ignored a warning sign and was found 20% at fault, their damages would be reduced by that percentage.

Proving a Dog Bite Claim in Florida

Even though strict liability simplifies the process, building a strong case still requires evidence. A Florida personal injury lawyer can help gather:

• Photographs of the injuries and location of the attack
  
• Medical records showing bite severity, infection, and treatment
  
• Witness statements describing the incident and the dog’s behavior
  
• Veterinary or animal control reports documenting the dog’s history
  
• Surveillance footage (if the attack occurred near a business or residence)

In cases involving disfigurement or emotional trauma, your attorney may also use expert testimony to demonstrate the long-term impact of the injury.

Common Dog Bite Injuries

Dog attacks can range from minor scrapes to catastrophic injuries, especially when children are involved. Common injuries include:

• Deep puncture wounds and nerve damage
• Torn ligaments and muscle tissue
• Facial injuries and permanent scarring
• Infections such as rabies or MRSA
• Crush injuries or broken bones from large breeds
• Psychological trauma including anxiety, flashbacks, or phobias

Severe cases may require reconstructive surgery, ongoing therapy, or permanent disability care.

A Florida catastrophic injury lawyer can accurately calculate both current and future damages to ensure you receive full compensation.

Liability Beyond the Owner

While the dog’s owner is the primary responsible party, others can sometimes share liability, including:

• Landlords or property owners who knew of a dangerous dog but failed to take precautions
  
• Dog walkers or caretakers who were negligent in handling the animal
  
• Homeowners’ associations if they ignored complaints about a dangerous dog in common areas

These cases often require detailed investigation and familiarity with Florida’s property and negligence laws.

Compensation Available in a Dog Bite Case

Victims of dog bites in Florida may be entitled to compensation for both economic and non-economic damages, such as:

• Medical bills (including reconstructive surgery and infection treatment)
  
• Lost wages and reduced earning capacity
  
• Pain and suffering
  
• Emotional distress and trauma counseling
  
• Permanent disfigurement or disability
  
• Loss of companionship (for family members in fatal attacks)

In extreme cases of reckless ownership, such as knowingly keeping a dangerous animal, victims may also pursue punitive damages.

What to Do After a Dog Bite

If you’ve been bitten, take these steps immediately to protect your health and legal rights:

1. Seek medical attention, even minor bites can lead to serious infection.
   
2. Report the incident to local animal control or law enforcement.
   
3. Document everything, photos, witness names, and property details.
   
4. Avoid discussing the case with the dog owner or their insurance company before consulting a lawyer.
   
5. Contact a Florida dog bite attorney to evaluate your claim and begin the investigation.

Prompt action ensures vital evidence is preserved and medical records accurately reflect the extent of your injuries.

Related Practice Areas

Dog bite claims often intersect with other areas of Florida personal injury law, including:

• [Florida Premises Liability Lawyers], for bites occurring on unsafe property.
  
• [Florida Catastrophic Injury Attorneys], for severe or disabling dog attacks.
  
• [Florida Wrongful Death Lawyers], for fatal dog maulings.
  
• [Florida Children’s Injury Lawyers], since minors are particularly vulnerable to dog-related injuries.

These related areas focus on the same principle: holding negligent parties accountable and protecting victims’ futures.

Why Legal Representation Matters

Dog bite cases might appear straightforward, but insurance companies often attempt to minimize payouts, arguing provocation, trespassing, or minor injuries. A Florida dog bite lawyer will gather evidence, identify all potential sources of liability, and negotiate aggressively to ensure your recovery covers all physical and emotional losses.

Because Florida’s statute of limitations for personal injury claims is two years, acting quickly is critical to preserving your right to compensation.

Call Kogan & DiSalvo Personal Injury Lawyers

If you’ve been bitten or attacked by a dog in Florida, Kogan & DiSalvo Personal Injury Lawyers can help. Our attorneys understand Florida’s strict liability laws and will fight to recover full and fair compensation for your injuries.

Call (561) 286-8132 today for a free consultation. We represent clients across Florida from offices in Boca Raton, Delray Beach, Plantation, Palm Bay, St. Petersburg, Vero Beach, North Miami Beach, Boynton Beach, Fort Lauderdale, Lakeland, Stuart, Tampa, and West Palm Beach.