Dog Bite Injury Claims in Florida: Your Rights Under the Strict Liability Law

Florida is one of the more protective states for dog bite victims because it imposes "strict liability" on dog owners in many situations. That means a victim usually does not have to prove the owner knew the dog was dangerous. This article explains how the law works in general terms. It is not legal advice — the outcome of any claim depends on its specific facts, so consult an attorney about your situation.

Florida's Strict Liability Dog Bite Statute

Under Florida Statute § 767.04, the owner of a dog that bites a person is generally liable for the damages if the bite occurs in a public place or while the victim is lawfully in a private place (including the owner's own property). Importantly, this liability applies regardless of the dog's former viciousness and regardless of whether the owner knew the dog might bite. This is different from the "one free bite" rule used in some other states.

The Limited "Bad Dog" Sign Defense

The statute contains a narrow exception: an owner may reduce liability if a sign reading "Bad Dog" was displayed in a prominent place, unless the victim was under six years old or the owner's negligence caused the injury. Whether this defense applies in a given case is fact-specific and frequently contested.

Comparative Negligence Can Apply

Florida Statute § 767.04 also allows a victim's recovery to be reduced by their percentage of fault — for example, if the person provoked the dog or was trespassing. Under Florida's modified comparative negligence framework, fault allocation can significantly affect a claim.

How Dog Bite Claims Are Usually Paid

Many dog bite claims are paid through the dog owner's homeowner's or renter's insurance policy, which often includes personal liability coverage. Injuries from serious bites can include nerve damage, scarring, infection, and emotional trauma, and children are especially vulnerable to facial injuries.

What to Do After a Dog Bite

• Seek medical care promptly — bites carry a high infection risk.
• Identify the dog and its owner, and get contact and insurance information.
• Photograph your injuries and the location.
• Report the bite to local animal control or authorities.
• Get names and numbers of any witnesses.

Serving Dog Bite Victims Across South Florida

RNC Legal represents injury victims throughout the tri-county South Florida region. Our attorneys handle claims for clients in:

• Broward County: Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Davie, Plantation, Sunrise, and Pompano Beach
• Miami-Dade County: Miami, Hialeah, Coral Gables, Aventura, Miami Gardens, Doral, North Miami, and Homestead
• Palm Beach County: Boca Raton, Delray Beach, West Palm Beach, Boynton Beach, Lake Worth, and Wellington

Because every case turns on its own facts, the discussion above is general information rather than legal advice. An experienced South Florida attorney can review the specific circumstances of your case and explain the options available to you.