A dog bite can cause more than a painful injury. Depending on the circumstances, a victim may face medical treatment, lost wages, scarring, emotional distress, and other expenses.
If you were bitten by a dog in Florida, one of the first questions you may have is: Who pays for my injuries?
Florida law generally places liability on the dog owner when the dog bites a person who is in a public place or lawfully in a private place. Importantly, Florida’s dog-bite statute generally does not require the injured person to prove that the dog had previously bitten someone or that the owner knew the dog was dangerous.
However, the circumstances of the incident still matter. The location of the bite, whether you were lawfully present, any negligence by the injured person, the owner’s conduct, the severity of the injury, and available insurance can all affect a claim.
Who Is Responsible for a Dog Bite in Florida?
Under Florida Statute §767.04, the owner of a dog that bites a person is generally liable for damages when the person is:
- In a public place; or
- Lawfully in a private place, including the dog’s owner’s property.
The statute applies regardless of whether the dog previously showed vicious behavior or whether the owner knew about such behavior.
This is an important part of Florida dog bite law.
You generally do not have to prove that the dog had a history of biting people before the owner can be held liable under the statute.
Does Florida Have a “One-Bite Rule”?
Florida’s statutory dog-bite law does not require a victim to prove that the owner knew the dog was dangerous before establishing liability under §767.04.
In other words, the fact that the dog had never bitten anyone before does not automatically protect the owner from liability.
The circumstances still need to be evaluated, including whether the injured person was lawfully present and whether the victim’s own negligence contributed to the incident.
What If the Dog Bite Happened on Someone’s Property?
A dog owner can generally be liable when the dog bites someone who is lawfully on private property.
Florida law specifically recognizes that a person may be lawfully on private property when there is an express or implied invitation or when the person is there while performing certain duties recognized by law.
For example, the circumstances could be different depending on whether the injured person was:
- A guest
- A customer
- A delivery worker
- A service provider
- A contractor
- A neighbor
- A person who entered the property without permission
The question is not simply whether the bite occurred on private property. The circumstances surrounding the person’s presence on the property matter.
What If There Was a “Bad Dog” Sign?
Florida law contains a specific provision concerning a prominently displayed sign that says “Bad Dog.”
Under §767.04, such a sign can affect the owner’s liability in certain circumstances. However, the statute contains an important exception for children under age six and also provides that the owner may remain liable when the injury was proximately caused by the owner’s negligent act or omission.
Therefore, seeing a warning sign does not necessarily mean an injured person has no claim.
The exact circumstances should be reviewed.
Can the Victim’s Own Actions Reduce Compensation?
Yes.
Florida’s dog-bite statute provides that negligence by the person who was bitten can reduce the owner’s liability by the percentage that the injured person’s negligence contributed to the incident.
For example, if a court determines that the injured person was partly responsible for causing the incident, the amount of recoverable damages could be reduced accordingly.
This is why it is important to provide a complete account of what happened rather than assuming that one fact automatically determines responsibility.
What If Someone Other Than the Dog Owner Was Responsible?
The dog owner is not necessarily the only person or entity who could potentially face a claim.
Florida appellate authority recognizes that a dog-bite victim may, depending on the circumstances, have a common-law negligence claim against a non-owner.
For example, the circumstances could raise questions about:
- A business that allowed an unsafe condition
- A property owner
- A person responsible for controlling or handling the dog
- A landlord or other third party
- Negligent conduct that contributed to the attack
Whether another party is legally responsible depends heavily on the facts and the legal theory involved.
Does Homeowners Insurance Pay for Dog Bite Injuries?
Potentially.
In some situations, compensation for a dog-bite claim may come through an insurance policy, such as a homeowners or renters insurance policy.
However, coverage is not automatic. Insurance policies can contain exclusions, limitations, reporting requirements, and other conditions.
The existence of insurance also does not determine whether someone is legally liable for the injury.
If you are bitten by a dog, obtain information about the owner and, when appropriate, the applicable insurance coverage.
What Damages Can a Dog Bite Victim Recover?
The damages available depend on the facts and severity of the injury.
A claim may potentially involve losses such as:
Medical Expenses
These can include reasonable medical treatment associated with the injury, such as emergency care, physician visits, medication, wound treatment, and other necessary care.
Future Medical Treatment
Some dog bites result in ongoing treatment or reconstructive procedures, particularly when there is significant scarring or tissue damage.
Lost Income
If the injury prevents you from working, lost income may be part of the claim.
A serious injury can also affect your ability to earn income in the future.
Pain and Suffering
A dog attack can cause significant physical pain and emotional distress.
The nature and severity of the injury can affect the damages that may be available.
Scarring and Disfigurement
Dog bites can leave permanent scars, particularly on the face, hands, arms, or other visible areas.
The long-term effect of scarring can be an important part of a personal-injury claim.
What Should You Do After a Dog Bite?
Your first priority should be your health and safety.
After a dog bite, consider taking these steps:
1. Get Medical Attention
Even a bite that initially appears minor can require medical evaluation.
Follow the medical provider’s instructions and keep records of your treatment.
2. Report the Incident
Depending on the circumstances, report the bite to the appropriate local animal-control or public-health authority.
A report can also create an official record of the incident.
3. Identify the Dog and Owner
Obtain the owner’s name and contact information if it is safe to do so.
If possible, obtain information about the dog’s vaccination status.
4. Photograph Your Injuries
Take photographs of the injuries as they develop.
Continue documenting the healing process when appropriate.
5. Identify Witnesses
Write down the names and contact information of people who saw the incident.
6. Keep Your Medical Records and Bills
Save medical bills, treatment records, prescriptions, and other documentation related to the injury.
7. Avoid Giving a Recorded Statement Without Understanding Your Rights
If an insurance company contacts you, be careful about providing statements before you understand what is being requested and how it may affect your claim.
8. Consider a Legal Consultation
If the injury is serious, there is disagreement about responsibility, or an insurance company is disputing the claim, a consultation with a Florida personal-injury attorney may help you understand your options.
What Evidence Can Help a Dog Bite Claim?
Evidence can become important when responsibility or the value of an injury claim is disputed.
Useful evidence may include:
- Photographs of the injuries
- Photographs of the location
- Medical records
- Medical bills
- Animal-control reports
- Police reports, when applicable
- Witness contact information
- Video or security-camera footage
- Information about the dog and its owner
- Insurance information
- Communications with the dog owner or insurer
- Records showing lost income
Do not rely solely on your memory. Write down what happened as soon as you reasonably can.
What If the Dog Owner Says It Was My Fault?
Do not assume that statement resolves the issue.
Florida law specifically provides that negligence by the person who was bitten can reduce the owner’s liability in proportion to the injured person’s contribution to the incident.
Whether you were negligent is a factual and legal question.
The circumstances may include where you were, what you were doing, what the dog was doing, whether you had permission to be there, whether you interacted with the dog, and what happened immediately before the bite.
What If the Dog Had Never Been Aggressive Before?
That fact does not automatically eliminate the owner’s liability under Florida’s dog-bite statute.
Florida Statute §767.04 generally imposes liability regardless of the dog’s former viciousness or the owner’s knowledge of such viciousness.
A first-time bite can therefore still result in a legal claim.
What If a Child Was Bitten?
Children can suffer serious physical and emotional consequences from dog attacks.
Florida’s dog-bite statute contains specific language concerning children under six and the effect of a “Bad Dog” warning sign.
If a child has been bitten, seek appropriate medical attention and document the injury and circumstances carefully.
Frequently Asked Questions
Who pays for a dog bite in Florida?
Generally, the dog owner may be legally responsible for damages when the dog bites someone who is in a public place or lawfully in a private place. Florida law does not generally require proof that the dog previously acted viciously.
Does the dog have to have bitten someone before?
No. Florida’s dog-bite statute generally does not require the victim to prove a previous bite or the owner’s prior knowledge of viciousness.
Can I still have a claim if the dog had never bitten anyone before?
Yes. A previous bite is not generally required under Florida Statute §767.04.
What if I was partly responsible for the incident?
Your own negligence can reduce the owner’s liability under Florida’s dog-bite statute by the percentage attributable to your negligence.
Does homeowners insurance cover dog bites?
It may, depending on the applicable policy, circumstances, and exclusions. Insurance coverage should be reviewed rather than assumed.
Can I sue someone other than the dog owner?
Potentially. Florida case law recognizes that a dog-bite victim may have a common-law negligence claim against a non-owner in appropriate circumstances.
What should I do immediately after a dog bite?
Get appropriate medical care, report the incident when required or appropriate, identify the dog and owner, document your injuries, preserve evidence, and keep your medical records and bills.
Is a dog bite automatically the owner’s fault?
Not necessarily in every legal sense. Florida’s statute generally imposes liability on the owner for a qualifying bite, but the statute also provides that the victim’s negligence can reduce the owner’s liability. Other facts can also affect the claim.
Talk With The DeVries Law Firm, P.A.
A dog bite can result in medical bills, lost income, scarring, pain, and other losses. If you were injured, understanding dog bite liability can help you determine what questions need to be addressed.
The DeVries Law Firm, P.A. handles personal-injury matters for clients in Jacksonville and Northeast Florida.
Free consultation. No obligation.
Call (904) 348-0030 or visit https://devrieslegal.com/contact/.
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This article is general educational information for Florida readers and is not legal advice. It does not create an attorney-client relationship. Dog-bite liability depends on the facts of each incident, and applicable laws and deadlines should be evaluated for your specific circumstances.