Some states follow a "one bite" rule, requiring an injured person to prove the owner knew their dog was dangerous. Florida rejects that approach. Under Florida Statute § 767.04, a dog owner is strictly liable for a bite regardless of the animal's history or the owner's knowledge of any prior aggression.
Strict Liability Under Fla. Stat. § 767.04
The statute applies when a dog bites someone in a public place, or on private property where the victim had a lawful right to be. Because it's strict liability, an injured person does not need to prove the owner was negligent — only that the bite happened and that they were lawfully present at the location.
The "Bad Dog" Sign Defense — and Its Limits
Owners can limit their liability by prominently displaying a sign with the words "Bad Dog" in a place clearly visible to visitors. This defense has significant limits, however: it does not protect an owner from liability for a bite to a child under six years old, and it does not apply if the owner's own negligence caused the bite.
The Trespassing Exception
Strict liability under § 767.04 only applies when the victim was lawfully on the property. Someone who was trespassing at the time of the bite generally cannot rely on the statute, though other legal theories may still be available depending on the facts.
Comparative Negligence Still Applies
Florida's modified comparative negligence rule applies to dog bite claims just as it does to other injury cases: a victim's own recovery is reduced by their percentage of fault, and a victim found more than 50% at fault recovers nothing. Owners commonly argue the victim provoked the dog, ignored a warning, or entered a restricted area.
The Statute of Limitations Changed in 2023
House Bill 837 shortened Florida's general negligence statute of limitations from four years to two, effective for causes of action accruing on or after March 24, 2023. For a dog bite that occurred on or after that date, the deadline to file suit is generally two years from the date of the bite.
What Damages Are Available
A successful dog bite claim can recover medical expenses, scarring and disfigurement costs (dog bites frequently require reconstructive treatment), lost wages, and pain and suffering.
Talk to a South Florida Injury Lawyer Today
If you or a loved one has been hurt because of someone else's negligence, the attorneys at Englander Peebles are ready to review your case at no cost. We handle these claims on a contingency-fee basis, so you pay nothing unless we recover for you.
Englander Peebles | (954) 500-HURT | ftlinjurylaw.com | 2122 W. Cypress Creek Road, Suite 206, Fort Lauderdale, FL 33309