Orlando Animal Injury Attorneys -- Florida's Strict Liability Dog Bite Law

Florida's Dog Bite Strict Liability Statute

Florida Statute section 767.04 establishes strict liability for dog owners whose animals bite someone in a public place or lawfully in a private place. The statute reads plainly: the owner of any dog that bites any person while in a public place or lawfully in a private place is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

This is a powerful legal standard. It means you do not need to show that the dog had previously bitten someone. You do not need to show that the owner knew the dog was aggressive. You do not need to prove that the owner was careless in any particular way. The simple fact that the dog bit you while you were lawfully present is enough to establish the owner's liability under Florida law.

The statute applies to bites that occur in public places and to bites that occur on private property when the victim was lawfully present. If you were invited onto someone's property, were there as a customer, were there in the course of your work, or had any other lawful reason to be present, the strict liability rule applies. The only exception Florida law recognizes is when the injured person was trespassing or when a clearly visible warning sign reading 'Bad Dog' was posted on the property.

Beyond Dog Bites -- Other Animal Injuries We Handle

While dogs are the most common source of animal bite and attack claims, Florida's animal injury laws extend beyond dogs. Our attorneys handle injury claims arising from a variety of animal attacks, including:

• Cat scratches and bites that cause puncture wounds, infections, or serious tissue damage, particularly when the attacking animal had a history of aggression that the owner failed to disclose or address
• Large dog attacks involving breeds with greater bite force or body weight, where a single attack can cause severe lacerations, broken bones, and injuries requiring emergency surgery
• Horse and equine injuries at stables, farms, riding facilities, and boarding operations where negligent handling, improper restraint, or failure to warn about an animal's temperament contributed to the injury
• Exotic and non-traditional pet attacks in cases where someone was injured by a reptile, primate, or other animal kept as a pet, which can involve both civil liability and potential violations of Florida's exotic animal regulations
• Livestock and farm animal injuries where someone was hurt by cattle, pigs, goats, or other farm animals due to negligent fencing, inadequate containment, or failure to warn visitors about dangerous animals

The legal standards that apply to non-dog animal injuries differ somewhat from Florida's strict dog bite statute. In many of these cases, liability depends on what the animal owner knew or should have known about the animal's dangerous tendencies and what steps they took to protect others. Our attorneys evaluate the specific circumstances of every animal injury case to identify the strongest legal basis for your claim.

What Injuries Do Animal Attacks Cause?

Animal attacks, and dog bites in particular, cause a wide range of injuries that vary in severity from relatively minor wounds to life-altering trauma. The injuries our attorneys most commonly see in animal attack cases include:Depending on the nature and severity of the harm, recoverable compensation may include:

• Puncture wounds from bite pressure, which are deceptive because they may appear small on the surface while causing significant tissue damage and infection risk at depth
• Lacerations and tearing injuries that require stitches or surgical closure, and that frequently leave permanent scarring particularly when they occur on the face, neck, or hands
• Nerve damage caused by deep bite injuries, which can result in numbness, tingling, loss of sensation, or loss of function in the affected area and may not fully resolve even with treatment
• Infections including cellulitis, abscess formation, and in serious cases sepsis, which are a significant risk with any animal bite given the bacteria present in an animal's mouth
• Facial injuries including eye injuries, ear injuries, and damage to the nose and lips, which are unfortunately common in dog attacks on children due to the height difference between a child's face and a large dog's mouth
• Emotional and psychological trauma including post-traumatic stress disorder, a persistent fear of dogs, nightmares, and anxiety that can affect a child's or adult's daily life for years after the physical injuries have healed
• Rabies exposure risk requiring prophylactic treatment in cases where the attacking animal's vaccination status cannot be confirmed

Children are statistically the most frequent victims of serious dog bite injuries, and they are also the most vulnerable to long-term psychological effects. An attack that might cause primarily physical injuries in an adult can leave a child with lasting fear and emotional trauma that requires professional support to address. When we evaluate a dog bite claim involving a child, we look at the full picture of what the attack has cost that child and their family, not just the immediate medical bills.

Who Is Liable for an Animal Attack in Florida?

In a straightforward dog bite case, the dog's owner is the liable party under Florida's strict liability statute. But depending on the circumstances of the attack, other parties may also bear responsibility.

The Dog Owner

The owner of the dog is strictly liable for bites under Florida Statute section 767.04 regardless of whether they knew the dog was dangerous. Ownership means the person who keeps and cares for the dog, not necessarily the person whose name appears on a license or registration.

Property Owners and Landlords

When a dog attack occurs on someone else's property, the property owner or landlord may share liability if they knew a dangerous dog was being kept on the property and failed to take reasonable steps to protect visitors. Landlords who allow tenants to keep known aggressive dogs without restrictions or warnings have been held liable in Florida courts.

Keepers and Handlers

A person who is keeping, walking, or caring for a dog at the time of the attack may be liable as a keeper even if they do not own the animal. Dog walkers, pet sitters, and family members who have temporary custody of a dog can all be held responsible if the dog injures someone while in their care.

What Compensation Can You Recover After an Animal Attack?

Florida's strict liability statute makes it straightforward to establish the owner's responsibility. The next step is identifying and documenting the full range of losses the attack has caused. In a Florida animal injury claim, you can pursue:

• Medical expenses including emergency treatment, wound care, surgery, reconstructive procedures, rabies prophylaxis, and any future medical treatment your injuries will require
• Lost wages for all time you were unable to work during your recovery, calculated based on your actual documented income
• Loss of future earning capacity if your injuries have left you with permanent physical limitations that affect your ability to work
• Pain and suffering for the physical pain caused by the attack and your injuries from the date of the incident through your full recovery
• Emotional distress and psychological trauma, including the cost of therapy or counseling required to address the psychological aftermath of a traumatic attack
• Permanent scarring and disfigurement, which are specifically compensable under Florida law and which are particularly significant in cases involving facial injuries
• Loss of enjoyment of life if your injuries or psychological trauma have affected your ability to engage in activities and relationships that were meaningful to you before the attack
  

Steps to Take After a Dog Bite or Animal Attack in Florida

What you do immediately after an animal attack can affect both your health and the strength of your legal claim. Here is what we recommend:

• Seek medical attention immediately. Animal bites carry a serious infection risk, and some injuries that appear minor on the surface can involve significant tissue damage underneath. A doctor can clean and treat the wound properly and create the medical record that documents your injuries.
• Identify the animal and its owner. Get the owner's name, contact information, and address. Ask whether the animal's rabies vaccinations are current and request documentation if possible.
• Report the attack to the local animal control authority. Animal control maintains records of bite incidents, and a report creates an official record of the attack. In Florida, animal control agencies investigate dog bites and can quarantine an animal to verify its health status.Pain and suffering for the physical pain caused by the attack and your injuries from the date of the incident through your full recovery
• Document your injuries. Photograph your wounds before and after medical treatment. Keep records of all medical care, and photograph the progress of healing over time, including any scarring.
• Identify any witnesses. If anyone saw the attack, get their names and contact information while you are still at the scene.
• Do not accept any offers or sign anything from the animal owner or their insurance company before speaking with an attorney. Early settlement offers are almost always significantly below the actual value of a dog bite claim.
• Contact The Dill Law Group for a free consultation. We can evaluate your claim, explain what Florida's strict liability law means for your situation, and advise you on the best path forward.

Frequently Asked Questions About Animal Injuries in Florida

Do I need to prove the dog had bitten someone before to have a claim in Florida?

No. Florida's dog bite statute does not require you to show that the dog had any prior history of aggression or that the owner had any reason to expect the dog was dangerous. This is what makes Florida a strict liability state for dog bites. The fact that the dog bit you while you were lawfully present is sufficient to establish the owner's liability. You do not need to prove the owner was negligent in any specific way or that they should have known their dog was a risk.

What if I was bitten by a dog while doing my job, such as delivering packages or mail?

Workers lawfully on a property in the course of their employment are considered to be lawfully present under Florida's dog bite statute. Mail carriers, delivery drivers, utility workers, repair technicians, and other people whose jobs bring them onto private property are fully protected by Florida's strict liability rule. If you were bitten while doing your job, you may have both a workers compensation claim through your employer and a personal injury claim against the dog owner. Our attorneys can help you understand how both paths work and how to pursue the full compensation available to you.

What if the dog owner says I provoked their dog?

Provocation is one of the limited defenses available to dog owners under Florida's strict liability statute. If an owner can show that the injured person provoked the dog, it can reduce or eliminate their liability depending on the circumstances. However, the bar for what constitutes legally meaningful provocation is higher than simply arguing the victim startled the dog or moved too quickly. Accidental actions and normal behavior around dogs do not typically qualify as provocation. If provocation is raised as a defense, our attorneys will challenge it with the specific facts of what happened.

Can I still file a claim if the attack happened on the dog owner's property?

Yes, as long as you were lawfully present on the property. If you were invited onto the property, were there as a customer or service provider, or had any other legitimate reason to be there, Florida's strict liability statute applies. The only situations where the owner's liability under the statute is limited are when the victim was trespassing or when a clearly visible warning sign reading specifically 'Bad Dog' was posted at the entrance to the property.

How long do I have to file a dog bite or animal attack claim in Florida?

Florida's statute of limitations for most dog bite and animal attack claims is two years from the date of the attack. This deadline applies to claims involving adult victims. Special rules may apply to claims involving minor children, and in some cases the statute of limitations does not begin to run until the child reaches the age of majority. Do not assume that time remains on your side without speaking with an attorney. Contact The Dill Law Group for a free consultation to confirm the applicable deadline for your specific situation.

What if the owner's homeowners insurance is denying the claim?

Homeowners insurance policies frequently include coverage for dog bite liability, but insurers will sometimes deny or delay claims by raising issues about the policy's terms, the circumstances of the attack, or the severity of the injuries. Having an attorney respond to a denial on your behalf changes the dynamic considerably. We know how to evaluate whether a denial is legitimate, how to push back when it is not, and when escalating to a lawsuit is the most effective way to get a fair outcome. Do not take a denial at face value before speaking with us.

My child was bitten. Can I file a claim on their behalf?

Yes. Parents and legal guardians can pursue personal injury claims on behalf of minor children who have been injured in dog bite or animal attack incidents. In Florida, claims brought on behalf of a minor may require court approval of any settlement to ensure the child's interests are protected. Our attorneys handle these procedural requirements as part of representing your family. When a child is the victim, we also make sure the full emotional and psychological impact of the attack is documented and included in the damages we pursue.

Contact Our Orlando Animal Injury Attorneys Today

If you or your child was bitten or attacked by a dog or other animal in Orlando or anywhere in Florida, you have legal rights and you deserve to understand them fully before making any decisions about your claim.

The Dill Law Group offers free consultations with no obligation. We handle animal injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Florida's strict liability law is designed to protect people in exactly your situation. Let us put it to work for you.

Call The Dill Law Group today at (407) 367-0278 or fill out the contact form on this page to get started with your free consultation.