In Florida, dog owners can face significant legal liability if their dog bites someone, especially from a personal injury law perspective. Florida is known for having strict liability laws when it comes to dog bite scenarios, which means that a dog owner may be held responsible for injuries caused by their dog even if the dog has never bitten anyone before or shown signs of aggression. Understanding the legal framework is crucial for both dog owners and victims of dog bites.
Florida’s Dog Bite Law: Strict Liability
Florida Statute §767.04 governs dog bite cases in the state. Under this statute, a dog owner is strictly liable for damages if their dog bites someone, provided the victim was:
- Lawfully on public or private property, including the dog owner’s property, and
- Did not provoke the dog.
This means the victim does not need to prove that the dog had a history of aggression or that the owner was negligent. As long as the bite occurred under the above conditions, the owner is generally liable for damages.
Who Is Considered a Dog “Owner”?
Under Florida law, an “owner” is typically anyone who:
- Has custody or control over the dog
- Keeps or harbors the dog regularly, or
- Claims legal ownership of the dog.
So, liability could potentially extend beyond the registered owner, depending on who had control of the dog at the time of the incident.
Exceptions and Defenses to Liability
While Florida’s strict liability law favors bite victims, there are several defenses and exceptions that dog owners can raise:
Trespassing: If the person who was bitten was unlawfully on the property (i.e., trespassing), the owner may not be liable. The law protects dog owners from liability when their dog bites an intruder or someone who is not legally permitted on the premises.
Comparative Negligence: Florida follows a comparative negligence standard. If the victim’s own negligence contributed to the bite—such as teasing the dog, ignoring posted warning signs, or ignoring the owner’s instructions—their compensation can be reduced proportionally. For example, if a court finds the victim 30% at fault, their damages award will be reduced by that amount.
Provocation: If the dog was provoked into biting—through hitting, teasing, or otherwise aggressive behavior—the owner may have a valid defense. However, this defense requires clear evidence and is evaluated on a case-by-case basis.
“Bad Dog” Sign Exception: Florida law provides a partial defense for owners who display a “Bad Dog” warning sign on their property in a clearly visible location. If the bite occurs on the owner’s premises – and the sign is posted – the owner may avoid liability unless the victim is under six years old or the injury resulted from the owner’s negligence.
Types of Damages in a Dog Bite Claim
If a dog owner is found liable for a bite, they may be responsible for compensating the victim for a range of damages, including medical expenses, lost wages, pain and suffering, emotional distress or permanent scarring or disfigurement
In serious cases, especially involving children or facial injuries, compensation can be substantial.
Homeowner’s Insurance and Liability Coverage
A dog bite claim is often paid through the dog owner’s homeowner’s or renter’s insurance policy, which often includes personal liability coverage.
Some policies exclude certain breeds (like pit bulls, Rottweilers, or Dobermans) – or other dogs with a known bite history. Dog owners should be aware of their coverage and potential exposure to personal financial liability if their dog bites someone.
In Florida, dog owners are held to a high standard of responsibility under the state’s strict liability dog bite law. While there are certain defenses and exceptions, owners can face significant legal and financial consequences if their dog injures someone. When a dog bite occurs, both parties should seek legal guidance to understand their rights and responsibilities.
Probinsky & Cole is a Florida personal injury law firm with offices in Sarasota, Brandon and Orlando.
