Dog Bite Claims in Florida

Florida has one of the more owner-favorable dog bite statutes for injured people in the country: it imposes strict liability, meaning an owner can be held responsible for a bite even if the dog never showed aggression before and the owner did nothing careless.

How Florida's strict liability statute works

Under Florida Statute 767.04, a dog owner is liable for damages if their dog bites someone, in a public place or lawfully in a private place, regardless of the owner's prior knowledge of the dog's viciousness. This removes the "one bite" rule that some states use, where an owner isn't liable unless they knew or should have known the dog was dangerous.

Comparative fault can still reduce recovery

Liability being strict doesn't mean it's unlimited. If the injured person was partly at fault — provoking the dog, trespassing, or ignoring a visible "Bad Dog" sign, which Florida law specifically allows as a defense in some circumstances — their recovery can be reduced in proportion to their own fault, under Florida's comparative negligence system.

Children get extra protection

The "Bad Dog" sign defense specifically does not apply when the injured person is under six years old, reflecting that young children can't reasonably be expected to heed a warning sign the way an adult could. This makes claims involving young children somewhat more straightforward on the liability question, even though the statute's general protections already favor injured plaintiffs.

What a claim typically covers

Recoverable damages usually include medical expenses (bite wounds often require significant treatment, including for infection and scarring), lost income, and pain and suffering, including any lasting psychological effects, which are common after dog attacks, especially in children.