Florida’s Strict Liability Laws for Dog Bites
Dog bites can result in severe physical injuries, emotional trauma and financial strain. Fortunately, Florida law provides victims with a clear path to seek compensation through its strict liability rule for dog owners. Unlike states that require victims to prove the owner knew or should have known of the dog’s dangerous tendencies, Florida holds dog owners liable for bites regardless of whether the animal has a history of aggression. This legal standard simplifies the process for victims pursuing compensation but involves specific nuances dog bite victims need to understand.
Consult a West Palm Beach dog bite attorney to explore Florida’s strict liability rule for dog bites, what it means for victims, and how to navigate the legal process to recover damages.
About Florida’s Strict Liability Law
Florida’s dog bite law is codified in Florida Statutes Section 767.04. Under this statute, a dog owner is liable for injuries caused by their dog biting another person, regardless of whether the dog has ever displayed aggressive behavior or bitten anyone before. This is known as strict liability, meaning the owner’s knowledge of the dog’s behavior is not a factor in determining liability.
The statute specifically states:
“The owner of any dog that bites any person while such person is in a public place or lawfully in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”
This law provides strong protections for victims, making it easier to hold dog owners accountable for the harm caused by their pets.
Key Elements of a Dog Bite Claim Under Strict Liability
To hold a dog owner liable for a bite under Florida’s strict liability rule, the following elements must be proven:
- The Dog Bite Occurred: The victim must show that an actual bite occurred. Florida’s strict liability statute specifically applies to bites and does not automatically cover other injuries caused by dogs, such as being knocked over or scratched. However, other legal theories, like negligence, may apply to non-bite injuries.
- The Victim Was Lawfully Present: The victim must have been lawfully in a public or private place when the bite occurred. For example, a person bitten while walking on a sidewalk, visiting a park, or invited into the dog owner’s home would meet this requirement. Trespassers may not have the same legal protections under this law.
- The Dog Owner Was Responsible for the Animal: Liability typically falls on the person who owns the dog, though in some cases, a caretaker (such as a dog walker) may share responsibility if their actions contributed to the bite.
Exceptions and Defenses to Strict Liability
While Florida’s strict liability rule makes it easier for victims to seek compensation, there are certain exceptions and defenses that dog owners may raise to limit or avoid liability:
Comparative Negligence: Florida follows a comparative negligence rule, which means that if the victim’s actions contributed to the bite, their compensation may be reduced. For example, if a victim provoked the dog—by pulling its tail or teasing it—the court may find the victim partially at fault and reduce the damages accordingly.
Trespassing: If the victim was trespassing on private property when the bite occurred, the dog owner may not be held liable under Florida’s strict liability statute. Trespassers are not considered to be lawfully present, and the law only applies to individuals who are in public places or lawfully on private property.
Warning Signs: Florida law provides a partial defense to dog owners if they post a clearly visible sign that reads “Bad Dog” on their property. However, this defense does not apply if the victim is a child under the age of 6. Additionally, the sign must be prominently displayed and legible to be valid.
Damages Available to Dog Bite Victims
Victims of dog bites in Florida may be entitled to several types of compensation, depending on the severity of their injuries and the circumstances of the attack. These damages include:
Medical Expenses: This includes emergency care, hospital stays, surgeries, medications, and any future medical treatment required, such as physical therapy or reconstructive surgery.
Lost Wages: If the victim is unable to work due to their injuries, they may recover compensation for lost income. In cases involving long-term disability, victims may also seek damages for diminished earning capacity.
Pain and Suffering: Non-economic damages, such as physical pain, emotional trauma, and psychological distress, are often a significant part of dog bite claims.
Scarring and Disfigurement: Dog bites can leave permanent scars, especially on the face, neck, or hands. Compensation for scarring and disfigurement accounts for the lasting impact these injuries can have on the victim’s self-esteem and quality of life.
Property Damage: If the attack also caused damage to the victim’s personal property, such as clothing or a smartphone, these costs can be recovered as well.
Steps to Take After a Dog Bite in Florida
If you or a loved one has been bitten by a dog, taking the following steps can help protect your health and legal rights:
- Seek Medical Attention
Even if the bite seems minor, it’s important to seek medical care promptly. Dog bites can lead to infections, such as rabies or tetanus, if left untreated. Medical records will also serve as vital evidence in your claim. - Report the Incident
Report the dog bite to local animal control authorities or law enforcement. This creates an official record of the incident and helps identify the dog and its owner. - Document the Injury
Take photographs of your injuries, the scene of the attack, and any visible signs of negligence, such as a broken leash or lack of a fence. Gather contact information for the dog owner and any witnesses. - Consult an Attorney
Dog bite claims can be complex, particularly if the owner disputes liability or raises defenses like comparative negligence. An experienced personal injury attorney can guide you through the legal process and help you secure fair compensation.
Contact Smith, Ball, Báez & Prather
Florida’s strict liability laws for dog bites provide strong protections for victims, holding dog owners accountable regardless of whether their dog has a history of aggression. However, exceptions and defenses can complicate claims, making it crucial for victims to understand their rights and take appropriate legal action.
If you’ve been injured by a dog bite, the attorneys at Smith, Ball, Báez & Prather are here to help. We have extensive experience handling dog bite claims and will work tirelessly to ensure you receive the compensation you deserve. Contact us today for a consultation to discuss your case and legal options.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/Sections/0767.04.html
