Who Let the Dogs Out? 

A category of personal injury that happens more frequently than we like to admit is being bitten or attacked by a dog. Dog bites can be serious, leading to medical treatment and expenses, emotional trauma, and potentially disfigurement or death. Florida has specific laws in place to protect victims of dog bites and to hold dog owners accountable for injuries caused by their pets. If you or a loved one has been bitten by a dog in Florida, it’s crucial to understand your legal rights and responsibilities. 

There is no “one bite” warning in Florida. Florida follows a strict liability rule when it comes to dog bites. Under Florida Statute 767.04, a dog owner is liable if their dog bites someone, regardless of whether the owner knew the dog was dangerous. This means that even if the dog has never bitten anyone or shown aggressive behavior before, the owner is still responsible for damage. 

A few factors must occur to pursue a personal injury claim – (1) the victim is lawfully in a public or private place; (2) the bite must result in a demonstrable physical injury. Just like all tort claims in Florida as of 2023, comparative fault approach is applied. If the victim’s actions contributed to the bite occurring, their compensation may be reduced based on the percentage at fault. For example, the victim may be partially at fault if they were trespassing on private land or provoking the dog, such as teasing or abusing. This means the dog owner’s liability could be reduced by the apportionment of fault. 

A dog owner can take some precautionary measures which can operate as partial or full defenses against liability for a dog bite. Dog owners can post warnings, which must state some version of “Bad Dog,” but it must be visible and readable. It is also beneficial for dog owners to keep their dog(s) on a tether or leash to prevent potential risky interactions. 

If you have been a victim of a dog bite, you can potentially pursue a personal injury tort claim to recoup your medical expenses, lost wages or opportunities, physical pain and mental suffering, or even emotional distress. 

Confused about a legal issue? Need help with a dog bite claim? Connect with an experienced attorney who can help you navigate the legal process and provide you with assistance. Finderson Law LLC offers free consultations to discuss your case. Give our firm a call at (260) 420-8600, use the chat box on our website, or text us using the website link! 

We are always here to help bring our clients comfort, hope and ease regarding the complications of the law. As attorney Roger Finderson is now licensed in Florida, we are happy to help Floridians alongside our Hoosiers in every way.