Florida Dog Bite Lawsuit? What to Do the Moment Someone Threatens to Sue

You never expect your dog to bite someone. But then it happens—an accident, a startled reaction, or a misread signal—and suddenly someone’s threatening legal action. When they say, “I’m going to sue you,” it’s hard not to panic. But understanding your rights and next steps can help you take control of the situation.

Florida’s dog bite laws are among the strictest in the country, but being threatened with a lawsuit doesn’t mean you’re automatically liable. There are defenses, exceptions, and legal protections that may apply to your case. And the actions you take right now can significantly impact the outcome.

At Florida Civil Counsel, P.A., we defend dog owners across the entire state—from Orlando to Miami, Jacksonville, Pensacola, and beyond. Here’s what you need to know if someone is threatening to sue you for a dog bite in Florida.

What Florida Law Says About Dog Bites

Florida is a strict liability state when it comes to dog bites, which means a dog owner can be held legally responsible—even if the dog has never bitten before and even if the owner wasn’t negligent.

Strict Liability and the Basics

Under Florida Statute § 767.04, you can be liable if your dog bites someone in a public place or lawfully on your property. The law doesn’t require the injured person to prove you were careless—only that the bite occurred under the circumstances covered by the statute.

Exceptions That Could Help You

However, the law also outlines potential defenses that can reduce or eliminate your responsibility. These include:

• The person provoked the dog (e.g., teasing, hurting, or startling it)
• The person was unlawfully on your property (trespassing)
• A clear “Bad Dog” sign was posted and visible

These factors can play a major role in defending your case. We explore this in more detail in our blog on victim negligence in Florida dog bite claims.

What To Do Immediately After a Dog Bite Claim

Even if a lawsuit hasn’t been filed yet, the threat of one should be taken seriously. The actions you take in the hours and days following the incident can strengthen—or weaken—your defense.

Preserve Evidence Quickly

Begin by writing down everything you remember about the incident. What time did it happen? Where were you and your dog? What was the other person doing before the bite? Take photos of the location, your dog, and anything else that may be relevant.

If you have security footage—such as a doorbell or surveillance camera—back it up immediately. In fact, Ring camera footage has helped many clients show the truth of what happened and disprove false claims.

Avoid Costly Mistakes

One of the most common mistakes dog owners make is trying to handle things informally. You may feel compelled to apologize or offer to pay for medical bills—but those statements could later be used against you.

Let a lawyer handle all communications with the injured person or their insurance company. Learn more about why this matters in our guide on responding to dog attack insurance requests.

What Happens if You’re Sued

If a claim is filed against you, the other party may be seeking damages like medical expenses, lost income, emotional trauma, or even disfigurement.

Potential Financial Impact

Your homeowners or renters insurance might cover the claim, but coverage can vary widely. Some policies don’t cover dog bites at all, and others exclude certain breeds. If your insurer denies coverage or the claim exceeds your policy limit, you could face personal liability—meaning your savings, property, or wages could be at risk.

To understand what’s at stake, take a look at our post on what can be taken if a judgment is awarded against you.

Dangerous Dog Designation

In some cases, local animal control or a court may try to label your dog as “dangerous” under Florida Statute § 767.12. This can come with strict rules and conditions for keeping your dog—or, in some cases, a requirement to surrender it.

We explain more about what this means and how to fight the designation in our blog on dangerous dog designations.

Common Legal Defenses That Could Help You

Just because someone sues you doesn’t mean they’ll win. Florida law allows for several defenses that can turn the tide in your favor.

No Bite, No Case

Not every injury involving a dog qualifies as a dog bite. If the person fell while trying to avoid your dog or was scratched instead of bitten, the case may fall apart. These situations are covered in our article on dog injury cases without an actual bite.

Medical Gaps and Weak Claims

Sometimes a person will file a claim but never seek medical treatment, or their injuries are exaggerated. When there’s no medical documentation, the case becomes far weaker. We’ve discussed similar defense strategies in cases involving injury claims with no medical records.

A skilled defense attorney can identify these weaknesses early and use them to challenge the lawsuit.

Take Control of the Situation—We Can Help

If someone is threatening to sue you over a dog bite, don’t wait. With the right guidance and legal support, you can protect yourself, your home, and your pet.

At Florida Civil Counsel, P.A., we’ve helped clients across Florida—from Miami-Dade to Orlando and the Panhandle—defend against dog bite claims. Whether the case is just getting started or already headed to court, we’re here to step in and fight for you.

Our firm also handles related matters, including pre-suit defense, wrongful death defense, and premises liability defense. We know what it takes to build a strong case and protect your rights statewide.

Don’t face this alone. Contact us today to schedule a consultation and take the first step toward defending your case.