A Victim's Guide to Florida's Dog Bite Laws

Unlike many states that follow a "one-bite rule" (which can protect a dog's owner from liability for a first-time bite), Florida empowers victims with a powerful strict liability law.

Under Florida Statute § 767.04, an owner is legally responsible for the injuries their dog causes... As long as you were in a public place or lawfully on private property, the owner is liable. Navigating the claims process, however, requires deep legal knowledge. This is why many victims choose to work with an experienced Miami dog bite lawyer to protect their rights.

The Exception: Comparative Negligence

The only significant exception is if the victim is found to be partially at fault. This principle, known as comparative negligence, means if you are found 10% responsible for the incident (e.g., by clearly provoking the animal), your final compensation will be reduced by that percentage.

The damage from a dog attack goes far beyond the initial puncture wounds. The compensation you seek must account for the full, long-term impact of the attack.

• Serious Infections: Dog mouths contain harmful bacteria. Puncture wounds can easily lead to dangerous infections like cellulitis, rabies, or capnocytophaga, requiring aggressive antibiotic treatment and sometimes hospitalization.
• Permanent Scarring and Disfigurement: Dog bites, especially to the face, hands, and arms, can leave severe, permanent scars. This can require costly plastic or reconstructive surgery and cause lifelong emotional distress.
• Nerve Damage: Deep bites can sever nerves, leading to chronic pain, numbness, or loss of function in the affected area.
• Psychological Trauma: The emotional toll of an animal attack can be devastating. Victims, particularly children, often develop cynophobia (an intense fear of dogs), post-traumatic stress disorder (PTSD), anxiety, and nightmares. This suffering is a very real and compensable part of your claim.

The dog owner's insurance company will try to avoid paying the claim. They typically use two main arguments:

• Provocation: The owner will claim you provoked the dog. However, legally, provocation means more than just petting a dog or walking past it. It generally requires teasing, tormenting, or abusing the animal in a way that would cause a normally docile dog to react defensively.
• Trespassing: The owner will argue you were not legally on their property when the bite occurred. Property owners generally do not have a duty to protect trespassers from their animals, with some exceptions for children.