Florida's dog bite law is one of the strictest in the country. If you or your child was bitten by a dog in Florida, the owner may be liable regardless of whether the dog had any prior history of aggression.
Florida's Strict Liability Standard
Florida Statute § 767.04 imposes strict liability on dog owners for bites that occur in public places or when the victim was lawfully on private property. This means:
- You do not need to prove the owner knew the dog was dangerous
- You do not need to prove the owner was negligent
- The owner is liable even if this was the dog's first bite ever
The "one bite rule" that applies in many states — where owners only face liability after their dog had a known history of biting — does not apply to Florida dog bite cases.
When Liability May Be Reduced
Comparative fault. If you provoked the dog or were somewhere you were not legally permitted to be, Florida's comparative fault rules may reduce the owner's liability proportionally. Trespassing on private property or taunting a dog are the most common defenses raised.
Warning signs. If the property had a clearly visible "Bad Dog" sign and the victim was old enough to read it (generally 6 and older), this may limit recovery in some circumstances under Florida law.
What Damages Are Available
Dog bite injuries can be serious — deep punctures, nerve damage, scarring, infection, and psychological trauma (especially in children). Recoverable damages include:
- Medical expenses including emergency care, surgery, reconstructive treatment, and future care
- Lost wages and lost earning capacity
- Permanent scarring and disfigurement
- Pain and suffering
- Emotional distress and PTSD, which is particularly recognized in child victims
Homeowner's Insurance and Dog Bites
Most dog bite claims in Florida are paid through the dog owner's homeowner's insurance or renter's insurance policy. Many policies cover dog bites regardless of where the bite occurred. The key is identifying the insurance coverage and knowing how to present the claim properly.
Some breeds are excluded from certain policies. An attorney can help identify coverage and navigate breed-specific exclusions.
Steps to Take After a Dog Bite in Florida
- Get medical attention immediately — dog bites carry high infection risk, including from rabies
- Report the bite to local animal control — this creates a record and may identify prior incidents
- Photograph the injuries — from day one and throughout healing
- Identify witnesses who saw the dog's behavior
- Get the owner's insurance information — homeowner's or renter's policy
- Contact an attorney before speaking with the owner's insurer
We Handle Dog Bite Cases in Miami-Dade and Broward
Gonzalez Munoz Law represents dog bite victims throughout South Florida. We handle these cases on a contingency basis — no fee unless we recover for you. Call 305-770-6666 for a free, confidential consultation.