Dogs may be man's best friend, but when they attack, they can cause horrific injuries, especially to children. Florida has very specific laws regarding dog bites that favor the victim. Unlike some...
Dogs may be man's best friend, but when they attack, they can cause horrific injuries, especially to children. Florida has very specific laws regarding dog bites that favor the victim. Unlike some states that have a 'one bite rule' (giving the dog a free pass for its first bite), Florida is a 'strict liability' state. This means owners are generally responsible for their dog's actions, regardless of the dog's history.
Strict Liability Explained
Under Florida Statute 767.04, a dog owner is liable for damages if their dog bites any person who is in a public place or lawfully in a private place (including the owner's property). You do not need to prove the owner was negligent or that they knew the dog was dangerous. The fact that the dog bit you is usually enough to establish liability.
Defenses for Dog Owners
There are two main defenses an owner can raise. First, comparative negligence: if you provoked the dog or were teasing it, your recovery may be reduced by your percentage of fault. Second, the 'Bad Dog' sign rule: if the owner had a prominent, easily readable sign saying 'Bad Dog' (or 'Beware of Dog') on their property, they may not be liable, unless the victim is a child under 6.
Injuries and Damages
Dog bites often result in infection, nerve damage, and significant scarring. Children frequently suffer facial injuries that require plastic surgery. In a lawsuit, you can recover costs for medical treatment, future reconstructive surgery, lost wages, and the emotional trauma (PTSD) often associated with an attack.
Landlord Liability
If the dog owner is a renter, can you sue the landlord? Only if the landlord knew the dog was dangerous and had the ability to remove it but failed to do so. This is harder to prove than owner liability but is an important avenue for compensation if the dog owner has no insurance.
What to Do After a Dog Bite
Identify the dog and owner immediately. Report the bite to Animal Control so they can check for rabies vaccinations. Take photos of your injuries and the location. Seek medical care, as infection risk is high. Then, contact a lawyer to handle the insurance claim.
Contact Emas Law Group Today
Dog attacks are traumatic events that can leave lasting physical and emotional scars. Florida law is on your side, but insurance companies will still try to minimize your payout. Emas Law Group helps dog bite victims get the medical care and financial compensation they need to heal. Call us today.
Frequently Asked Questions
Does the 'Bad Dog' sign protect the owner completely?
It can, but only if the bite happened on their property and the victim was over 6 years old. It does not apply to bites in public parks or on the sidewalk.
What if the dog never bit anyone before?
It doesn't matter. Florida does not have a 'one bite rule.' The owner is liable for the first bite.
Does homeowner's insurance cover dog bites?
Usually, yes. However, some policies exclude specific breeds (like Pit Bulls or Rottweilers). We check the policy details for you.