Florida Dog Bite Statute

Florida is a strict liability state, which means that it is one of 32 states where if a dog bites a person, its owner is liable. Almost 500 Florida residents need medical attention for dog bites each year, and on average two of those victims die. The majority of Florida victims are children under 10 years old, and they are usually bitten on the head and neck. Most dog bite victims nationwide are children bitten by the family dog or that of a friend.

  1. Wording of the Statute

    • The statute declares that the owner is liable for damages suffered by anyone bitten by his dog either in a public place or on private property, regardless of whether he had knowledge of the dog's viciousness or whether the person bitten is on his property performing his job -- such as a postman -- or by invitation. Any negligence on the part of the person bitten may reduce the owner's liability, depending on the percentage by which the negligence contributed to the incident.

    Rights of the Victim

    • When a victim is bitten by a dog, he has the opportunity to file a dog bite claim, usually through a personal injury lawyer. If any members of his family are traumatized because they watched the attack, they may file a "bystander" claim. The victim's spouse can file a "loss of consortium" claim for suffering caused by the victim being incapacitated, for example, resulting in loss of income. In cases where the bite causes the death of the victim, a "wrongful death" claim can be filed against the dog's owner.

    Compensation

    • The victim of a dog bite in Florida has the right to receive compensation for damages. The money may be paid by the homeowner's insurance, and will be granted for immediate and future medical treatment, psychological counseling, medications, torn clothing, loss of earnings while undergoing treatment and any future disabilities.

    Dangerous Dog Law

    • Any dog that has previously bitten a person may have been declared a "dangerous" dog in terms of Florida's statute number 767.11. If a dog designated as dangerous commits another offense, it can be confiscated from the owner immediately and impounded until a court hearing decides whether it is to be terminated or returned to the owner. This law is the subject of much debate as to its fairness, and dogs are confiscated from owners regularly under this statute.

    Exceptions to Liability

    • According to the statute, a dog owner is not liable for his dog biting any person older than 6 years of age if he has posted a sign that states "bad dog" where it is prominently visible to the victim. The court may also make an exception if the victim was trespassing or committing a crime or felony against the owner, or provoking or abusing the dog. Other circumstances that may be considered exceptional by the court include: the victim is a veterinarian or in other canine profession and was treating or working with the dog, or the dog was under the control of military or police handlers in the course of their work.