Florida Dog Bite Law

In Florida, dog owners are strictly liable when their dog bites someone in a public place or lawfully on their property—even without prior bad behavior—so victims should understand their rights under F.S. 767.04.

Insights
January 9, 2019

Florida is considered a “strict liability” state. As a result, dog owners may be held liable if their dog bites someone, even if the owner was not previously aware of the dog’s aggressive nature.

Under Florida Statute 767.04, dog owners may be held liable if:

  • Their dog bites someone in a public place; OR
  • The victim was lawfully on the dog owner’s private property.

Examples of visitors being lawfully on the dog owner’s private property would be:

  • Being invited by the owner, either expressly or implied.
  • Performing duties required by Florida law.
  • Performing duties required by United States postal regulations.

Trespassers Bitten by Dog

In most cases, owners cannot be held liable for trespassers being bitten on their property. There are exceptions to this law. Those exceptions would include:

  • The trespasser was under the age of 6 years old.
  • The owner acted negligently, failing to place prominent signs, warning of a known bad or aggressive dog.
Comparative Negligence in Florida Dog Bite Cases

Under Florida dog bite law, the owner’s liability may be reduced or even eliminated, if the victim’s actions contributed to the dog attack. Some examples are:

  • The victim was provoking the dog before being bitten.
  • The dog was defending the owner or someone in the general vicinity from physical attack.
  • The victim accidentally stepped on the dog, causing it to bite.
Have Florida Dog Bite Law Questions?

Dog bite cases can be complex. Depending on the circumstances of the case, determining the dog owner’s liability can be difficult.

The attorneys at Lutz, Bobo & Telfair, P.A. are experienced with Florida Dog Bite Law. We have helped many dog bite victims recover compensation for medical bills, lost wages and pain and suffering.

Our lawyers work on a contingency fee basis. This means we only get paid if we settle your claim or win a favorable verdict in court.

Call us today at 941-951-1800 for a Free Case Review.

"We believe the strength of every case lies in the details. Our role is to prepare strategically, and stand firmly beside each client."

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