Who Is Responsible for Injuries Caused by Aggressive Dogs?
Dog attacks happen far more often than many people realize. According to the Centers for Disease Control and Prevention (CDC), children between the ages of 5 and 9 have the highest rate of dog bite-related emergency department visits. If you or someone you love has been bitten or injured by an aggressive dog in Florida, one of the first questions on your mind is likely: who is legally responsible for what happened?
Florida’s Strict Liability Law Puts Owners on the Hook
Florida takes a strong stance when it comes to protecting dog bite victims. Under Florida Statute § 767.04, a dog’s owner is liable for injuries caused by a bite if the victim was in a public place or lawfully on private property at the time of the attack. This is known as strict liability, and it means the owner can be held responsible even if:
- The dog had never bitten anyone before
- The owner had no reason to believe the dog was dangerous
- The owner had no prior warning of aggressive behavior
This is a significant departure from the so-called “one bite rule” that some states follow, where a dog owner might escape liability for a first-time attack. In Florida, there is no free pass. The law attaches liability from the very first incident.
What Can Affect Your Ability to Recover Compensation?
While Florida law is written to protect victims, there are some important factors that can influence how much compensation you may be able to recover. First, your legal status at the time of the bite matters. Trespassers generally do not receive the same protections under Florida Statute § 767.04. Second, if you were partly at fault for the incident, for example by provoking the dog, your compensation could be reduced proportionally. Under Florida’s comparative fault rules, if you are found to be more than 50% at fault for the bite, you may be barred from recovering any damages at all. Third, the identity of the “owner” can sometimes become a point of dispute, particularly when a dog is being cared for by someone other than its registered owner at the time of the attack. A dog walker, house sitter, or family member who had control of the animal could potentially share in the legal responsibility.
Dog bite injuries can range from puncture wounds and lacerations to broken bones, nerve damage, permanent scarring, and in the most serious cases, wrongful death. The physical and emotional toll of an attack can be devastating, and victims deserve to understand all of their options.
Let Us Help You Today
If you or a loved one has been injured in a dog attack, we encourage you to reach out to our firm as soon as possible. Time limits apply to personal injury claims in Florida, and the sooner you act, the better positioned you will be to protect your rights. Our Fort Lauderdale dog bite attorneys at Boone & Davis have spent decades helping injured victims in Broward County seek the compensation they deserve. We handle cases on a contingency fee basis, meaning you pay nothing unless we recover for you. Contact us today for a free consultation.
