One Bite Is All It Takes: What Florida’s Strict Dog Bite Law Really Means for You
Florida does not give a dog, or its owner, a free pass on the first bite. Some states allow an owner to escape liability if the animal had never bitten anyone before. Florida rejected that approach decades ago, and the result is one of the more protective dog bite laws in the country.
Strict Liability, Not Negligence
Under Fla. Stat. § 767.04, a dog’s owner is liable for injuries the animal causes to a person who is bitten in a public place, or lawfully present in a private place, regardless of the dog’s history and regardless of whether the owner had any reason to suspect the animal was dangerous. There is no “one bite” grace period in Florida. Liability attaches the first time, whether the dog is a rescue with no record of aggression or a breed with a reputation. The statute shifts the entire burden onto the owner to control the animal, rather than requiring the victim to prove the owner should have known better.
That said, the law is not absolute. A prominently displayed “Bad Dog” sign can serve as a defense if the person bitten was over the age of six, and comparative negligence still applies. If a victim’s own actions, such as provoking the animal or trespassing, contributed to the incident, any recovery can be reduced by that percentage of fault.
Why “Strict” Doesn’t Mean “Simple”
Strict liability removes one obstacle: you generally will not need to prove the owner was careless in how the dog was raised, trained, or supervised. But that does not mean these cases resolve themselves. Insurers routinely dispute:
- Whether the person bitten had a legal right to be on the property
- Whether a warning sign was actually visible and posted before the incident
- What percentage of fault, if any, belongs to the victim
- The full extent of medical treatment, scarring, and psychological impact tied to the bite
Dog bite injuries can range from minor punctures that heal cleanly to deep tissue damage requiring reconstructive surgery, and homeowners’ insurance carriers rarely volunteer full value for the latter without a fight.
Documenting a Dog Bite Claim
If you are bitten, the same instincts that apply to any personal injury matter apply here. Photograph the wound and the location where the bite occurred, identify the dog’s owner and, if possible, the property owner if different, and seek prompt medical treatment even if the injury looks minor at first. Puncture wounds carry a real risk of infection, and a documented medical record close in time to the incident carries far more weight than one created weeks later.
Get Answers From Fort Lauderdale Animal Attack Attorneys
A dog bite can leave more than a physical scar, and Florida law puts the responsibility squarely on the owner to answer for it. If you or someone in your family has been bitten, our Fort Lauderdale dog bite attorneys can walk you through what the statute means for your specific situation and what your claim may be worth. Boone & Davis has represented injury victims throughout Broward County, and we are ready to review the facts of your case at no cost to you.
Source:
flsenate.gov/Laws/Statutes/2023/Chapter767/All
