Can I Sue for a Dog Bite?

Florida Dog Bite Laws

Florida Statute 767.04 assigns liability to pet owners when attacks occur in public places and on private property in some circumstances. Dog attacks on private property can fall within premises liability law. Liability can still be reduced by comparative fault if the dog bite victim provoked the animal or ignored warnings.

Florida also recognizes the ‘Bad Dog’ sign defense when prominently posted on the owner’s premises (not effective against children under six or when the owner’s negligence caused the dog bite incident).

Strict Liability vs the ‘One Bite’ Rule

Many states have what’s known as a ‘one bite’ law. This law limits a dog owner’s liability to their awareness that their dog is violent. Consequently, the owner may not be liable if the dog has never bitten someone. However, if the dog has bitten someone before, they’ve demonstrated they can be harmful, and the owner is liable.

Florida doesn’t have the ‘one bite’ law. Florida is a strict liability state for dog bites. That means dog owners can be held liable if their dog bites someone in a public place or a person lawfully on private property – regardless of prior knowledge of “dangerous tendencies” or any “one bite rule.” In other words, you don’t have to prove the owner knew the dog was vicious to sue for a dog bite. 

Exceptions 

Comparative negligence applies to dog bite cases, meaning liability is shared between all at-fault parties. Consequently, if the victim has partial responsibility for the attack, the dog owner’s liability decreases. Situations that affect the dog owner’s liability include the following:

• Appropriate warnings: Owners may not be liable if they have a “bad dog” sign posted and the victim is over six years of age
• Unlawful access: The dog’s owner isn’t liable if the victim was unlawfully on private property. Suppose someone breaks into your house to steal items, and your dog attacks them. You may not be liable because they were on private property without permission. 
• Victim’s actions: The owner may not be liable or have reduced liability if the victim is partially responsible for the incident. For example, if a person kicks a dog and the dog bites them, it would change the dog owner’s level of liability.

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Common Dog Bite Injuries

Common dog bite injuries range from puncture wounds, deep lacerations, nerve damage, and broken bones to infections requiring surgery and extensive medical treatment. Children are disproportionately harmed: studies show head and neck regions are involved in a majority of pediatric cases, often resulting in permanent scarring and emotional distress/post‑traumatic stress disorder.

Adults more frequently sustain wounds to the extremities. Early medical attention and meticulous medical documentation are critical for dog bite claims, both for care and to prove damages suffered (e.g., medical bills, lost wages/lost income, and non‑economic damages like pain and suffering).

What Compensation Can I Seek in a Dog Bite Lawsuit?

In dog bite lawsuits, one can claim:

• Economic damages: medical expenses/medical damages, future care, lost wages/lost income, therapy, scar‑revision costs, out‑of‑pocket transportation & prescriptions (dog bite victims can recover financial compensation for reasonable medical expenses and other damages suffered).
• Non‑economic damages: pain and suffering, emotional distress, and psychological trauma (including PTSD) when supported by evidence.
• Punitive damages (rare): for egregious misconduct (e.g., an owner with prior knowledge of vicious tendencies encouraging an attack). (Case‑specific; consult a dog bite lawyer.)

Homeowners/renters insurance company policies often defend and indemnify dog bite cases; average dog‑related claim costs have risen in recent years. 

Filing personal injury claims for a dog bite or attack

After a dog attack, the best thing to do is contact a personal injury lawyer. The steps you need to take to sue for a personal injury apply to dog bite cases. An attorney will prepare your case, guide you through the filing process, and have everything you need to build your case.

Ideally, you’ll document the incident when it occurs. This may mean writing notes and taking photos or videos during or after the attack. It’s crucial you note the time and location and any factors that may have contributed to the incident. Ideally, you’ll also have contact information for any witnesses.

You should save your medical bills and other relevant documentation to justify expenses claimed when you file for damages. Your attorney can help you identify other grounds for damages to ensure you seek the maximum compensation available. Your attorney will file the legal paperwork before the statute of limitations expires and will handle negotiations with the at-fault party’s insurance company.

Will Insurance Cover Dog Bites?

In most dog bite cases, the owner’s homeowners or renters insurance defends the claim and can pay your total compensation up to policy limits. Some carriers exclude certain breeds or prior incidents; an umbrella policy may add extra limits for severe injuries. Expect the insurance company to scrutinize liability, strict liability statute defenses, comparative fault, and the scope of medical bills.

Keep every record and avoid informal statements until you’ve spoken with counsel. (If the defendant is uninsured, your personal injury lawsuit proceeds directly against the owner, who may still be held liable under state law.)

When should you sue for dog bite injuries?

For incidents on or after March 24, 2023, most Florida negligence claims (including many dog bite cases) must be filed within two years. In case you can sue, you must file within this time frame. Some statutory bite claims can be pled alongside negligence; speak with counsel to preserve every viable theory and deadline.