The Bruner Law Firm represents dog bite victims throughout Florida. Our dog bite injury attorneys help injured individuals understand their rights and recover compensation for their injuries. We have handled numerous dog bite claims and understand Florida’s liability statutes.
Florida Statute 767.04 establishes a strict liability standard for dog bite injuries. This means dog owners bear legal responsibility for injuries their pets cause, regardless of whether the owner knew the dog had aggressive tendencies or prior incidents. The statute fundamentally differs from negligence-based liability because victims do not need to prove the owner acted carelessly or failed to exercise reasonable care.
Under Florida law, strict liability applies when a dog bites a person in a public place or while the person lawfully occupies private property. The owner’s knowledge of the dog’s temperament is irrelevant. A dog with no history of aggression still creates liability if it bites someone. This approach prioritizes victim protection and encourages dog owners to maintain control of their animals at all times.
When Dog Owners Are Held Liable
Dog owners face liability under Florida’s strict liability statute when specific conditions are met. First, the bite must occur in a public place or on private property where the victim has a lawful right to be. Second, the victim must be a person. Florida law does not extend strict liability to injuries inflicted on other animals. Third, the injury must result from the dog’s bite, not other contact or actions.
Importantly, owners cannot escape liability by claiming they did not know their dog was aggressive. A first-time bite carries the same legal consequences as a bite from a dog with a documented history of aggression. This strict approach means owners bear responsibility for controlling their animals regardless of prior incidents.
The strict liability statute applies specifically to dog bites. Injuries resulting from other dog actions, such as jumping, knocking someone down, or scratching, are not covered by strict liability. For non-bite injuries, victims must prove the dog owner acted negligently, such as by failing to restrain the dog or violating leash laws. Property damage caused by dogs, such as destroyed clothing or personal items, can also form the basis for a claim under premises liability theories.
Key Exceptions and Defenses to Liability
While Florida’s strict liability statute is broad, several exceptions and defenses limit owner responsibility in specific circumstances. Understanding these exceptions helps both dog owners and victims address liability questions.
Dog owners are not strictly liable for bites that occur when someone unlawfully enters private property. If a person trespasses on an owner’s property and the dog bites them, the owner may not face strict liability. However, the owner could still face liability under common law negligence theories if they failed to warn of a dangerous dog or failed to maintain reasonable control. The Florida Statutes Chapter 767 provides specific guidance on these exceptions.
Posting a “Bad Dog” sign on the dog owner’s premises may provide a defense to strict liability claims. The sign must be clearly visible, easily readable, and adequately warn of the dog’s presence, and it must include the wording “Bad Dog” under Florida Statutes Chapter 767. This defense applies only when the victim was lawfully on the property, was not under 6 years old, and had reasonable notice of the warning. If the sign is not visible, if the victim is under 6, or if the owner’s negligent act or omission contributed to the injury, this defense does not apply.
Florida recognizes comparative negligence in dog bite cases. If the victim’s actions contributed to the bite, such as provoking the dog, ignoring warnings, or trespassing, the victim’s recovery may be reduced proportionally. A victim found 30% at fault would recover 70% of their damages. However, comparative negligence does not eliminate liability; it only reduces the recovery amount. Learn more about how comparative negligence affects personal injury claims.
Types of Damages Available to Dog Bite Victims
Dog bite victims can recover various categories of damages, both economic and non-economic. Economic damages compensate for measurable financial losses. Non-economic damages address pain, suffering, and emotional harm.
Economic Damages
Medical expenses form the foundation of most dog bite claims. These include emergency room treatment, surgical procedures, wound care, antibiotics, rabies prophylaxis, and ongoing medical treatment. Severe bites may require reconstructive surgery, physical therapy, or long-term wound care. Victims recover all reasonable and necessary medical expenses related to the bite injury. The Centers for Disease Control and Prevention (CDC) provides comprehensive information on rabies prevention and treatment following animal bites.
Lost wages compensate victims for income lost during recovery and medical treatment. If a bite causes permanent disability or disfigurement affecting employment, victims can recover lost earning capacity. This represents the difference between pre-injury and post-injury earning potential. Understanding how personal injury settlements are paid out helps victims plan their financial recovery.
Non-Economic Damages
Pain and suffering damages compensate for physical pain, discomfort, and emotional distress resulting from the bite. Severe bites causing significant pain warrant higher pain and suffering awards. Scarring and disfigurement damage address permanent marks, particularly on visible areas like the face, neck, or hands. Psychological trauma damages cover anxiety, fear of dogs, post-traumatic stress, and emotional distress from the incident. For guidance on what makes a case eligible for punitive damages in Florida, consult with an experienced attorney.
Special Protections for Children Under Age 6
Florida law provides enhanced protections for very young children. Dog owners face strict liability for bites to children under age 6, regardless of where the bite occurs, even on the owner’s private property. The statute recognizes that young children cannot reasonably protect themselves from dog attacks and deserve heightened protection.
For children under 6, owners cannot assert the “Beware of Dog” sign defense or claim the child was trespassing. The owner’s liability is essentially absolute for bites to this age group. This enhanced liability reflects the law’s recognition that young children are particularly vulnerable to serious injury from dog attacks.
Wrongful death claims arise when a dog bite causes a child’s death. Families can recover damages for medical expenses, funeral costs, and the loss of the child’s life and companionship. These claims recognize the profound harm caused by fatal dog attacks. For more information, see our guide on wrongful death lawsuits and what to expect.
Steps to Take After a Dog Bite Incident
Immediate action following a dog bite protects your health and preserves evidence for a potential claim. Taking these steps creates a strong foundation for legal action if needed:
- Seek Medical Attention – Obtain immediate medical care, even for seemingly minor bites. Dog bites carry infection risks, including rabies and bacterial infections. Emergency room physicians document the injury, provide necessary treatment, and create medical records essential for claims. Medical professionals also report dog bites to animal control, creating an official incident record. The American Medical Association recommends immediate evaluation for all animal bite wounds.
- Report to Animal Control – Contact local animal control to report the bite. Animal control investigates, documents the incident, and may quarantine the dog to verify rabies status. This official report creates a record supporting your claim and protects public safety. Proper documentation is crucial for the success of a personal injury case.
- Document Everything – Photograph the bite wound immediately and at various stages of healing. Take photos of the scene where the bite occurred. Document any visible injuries, torn clothing, or property damage. Keep all medical records, bills, and receipts related to treatment. Documenting your personal injury properly strengthens your claim significantly.
- Gather Witness Information – Obtain names and contact information from anyone who witnessed the bite. Witness statements corroborate your account of the incident and strengthen your claim. Ask witnesses to describe what they saw and provide their contact details.
- Preserve Evidence – Keep all medical records, photographs, and documentation. Preserve damaged clothing or personal items as physical evidence. Maintain a journal documenting your recovery, pain levels, and any ongoing symptoms or limitations.
- Report to Insurance – Notify the dog owner’s homeowner’s or renter’s insurance company. Most homeowner’s policies cover dog bite liability. Reporting promptly helps the insurance company investigate and preserve evidence.
- File Your Claim Timely – File your dog bite claim within 2 years of the bite incident (for incidents on or after March 24, 2023). This is the current statute of limitations for most dog bite claims in Florida. Claims from incidents before March 24, 2023, may still fall under the previous 4-year deadline. Waiting too long may result in losing your right to recover damages. Consult with an attorney promptly to help you file within the required timeframe. Learn about how long you have to file a personal injury lawsuit in Florida.
Comparative Negligence in Florida Dog Bite Cases
Florida’s comparative negligence rule affects dog bite recoveries when the victim’s actions contributed to the incident. Understanding how comparative negligence applies helps victims assess their potential recovery.
If a victim is partially at fault for the bite, their recovery is reduced by their percentage of fault. A victim found 40% at fault recovers 60% of their damages. Florida allows recovery only if the victim is 50% or less at fault. If found more than 50% at fault, the victim cannot recover damages at all.
A victim who ignored a “Beware of Dog” sign and entered private property might be found partially at fault. A person who provoked a dog by hitting it or threatening it could face comparative negligence reduction. A trespasser bitten on private property might be found partially at fault, though strict liability may not apply at all in trespassing cases.
Comparative negligence reduces the final compensation amount but does not eliminate liability. Even victims bearing some responsibility can recover damages. The key is demonstrating that the dog owner bears primary responsibility for the bite.
How The Bruner Law Firm Can Help
The Bruner Law Firm represents dog bite victims throughout Florida. Our experienced attorneys help injured individuals recover compensation for their injuries. We understand Florida’s dog bite laws and have successfully handled numerous claims. View our case results and settlements to see how we’ve helped injured clients. You can also explore client reviews for firsthand insight into the quality of representation we offer.
We offer free consultations to discuss your dog bite claim. During the consultation, we evaluate your case, explain your legal rights, and discuss potential compensation. There is no obligation to hire our firm.
Our team investigates dog bite incidents thoroughly. We obtain medical records, interview witnesses, photograph the scene, and gather evidence supporting your claim. We work with animal control records and insurance company files to build a strong case.
We negotiate with the dog owner’s insurance company on your behalf. Most dog bite claims settle through insurance coverage. Our attorneys handle all communications with insurers, protecting your interests and pursuing fair compensation. Learn about what happens after a demand letter is sent.
If settlement negotiations fail, litigation through the courts is an option. Our attorneys have trial experience and are prepared to present your case to a jury if necessary. We pursue maximum compensation for your injuries.
We represent dog bite victims on a contingency fee basis. You pay no upfront costs or attorney fees. We recover fees only if we obtain compensation for you through a settlement or a verdict. This arrangement helps you pursue your claim without financial burden. Understand how much lawyers take from settlements.
The Bruner Law Firm maintains offices in Fort Walton Beach, Panama City, Niceville, and Santa Rosa Beach. We serve dog bite victims throughout the Florida Panhandle and beyond. Our multi-location presence helps you access legal representation conveniently.
Contact The Bruner Law Firm
Contact The Bruner Law Firm today for a free consultation about your dog bite injury claim. Call (850) 243-2222 to schedule your appointment. We handle dog bite cases on a contingency fee basis. You pay nothing unless we recover compensation for you.
