Am I Liable If Someone Was Bit While Breaking Up a Dog Fight in Florida?

Dog fights are chaotic and frightening—for owners and bystanders alike. Sometimes, a person tries to intervene and gets bitten in the process. When that happens, dog owners are often shocked to learn that they can still be sued—even though they didn’t tell anyone to get involved, and their dog wasn’t acting aggressively toward the person directly.

In Florida, the answer is clear: Yes, you can still be held liable if your dog bites someone who was breaking up a dog fight. But the situation isn’t hopeless. There are important legal factors to consider—and potential defenses that might help limit your exposure.

At Florida Civil Counsel, P.A., we help dog owners across the state defend themselves against personal injury lawsuits after a bite, especially when the facts are more complex than they appear. If you’re facing a dog bite lawsuit, a Florida dog bite defense attorney can help you understand your options and build a strong response.

Florida’s Strict Dog Bite Liability Laws

Florida law imposes what’s called strict liability on dog owners. Under Florida Statute § 767.04, a dog owner is generally liable when their dog bites a person who is lawfully on public or private property—even if the dog had never bitten before.

Strict Liability and the Basics

Because Florida follows strict liability rules, the injured person doesn’t have to prove you were negligent or that the dog had a known history of aggression. The bite itself is enough to establish liability in most situations.

That means even if someone willingly inserts themselves into a dangerous situation—such as breaking up a fight between two dogs—you could still be held legally and financially responsible for their injuries.

Why You’re Still at Fault: The Legal Explanation

Dog owners often ask: “But they knew the risk—shouldn’t that make it their fault?” It’s a fair question. However, courts in Florida have consistently found that stepping in to break up a dog fight does not automatically make the injured person at fault.

Voluntary Involvement Doesn’t Erase Liability

Even if the person chose to intervene, the law assumes that dog owners are in the best position to prevent injury. Courts typically view it as a foreseeable risk that someone may try to stop two dogs from harming each other—especially if the dogs are on leashes, in public, or near people.

This is why it’s important to understand that “fault” in a moral or emotional sense doesn’t always match legal responsibility. Florida law places a heavy burden on dog owners to prevent bites, even when the circumstances are chaotic.

We explore more about these types of cases in our guide on defending against dog bite lawsuits in Florida, including what facts courts focus on.

Can You Defend Yourself Against This Type of Dog Bite Claim?

Yes—and you should. While liability may seem automatic under Florida law, there are legal strategies that can reduce your exposure or help negotiate a more favorable outcome.

When You May Have a Defense

There are specific legal defenses that may apply in these cases:

• The person was trespassing or unlawfully on your property
• A visible “Bad Dog” sign was properly posted
• The dog was provoked, even if unintentionally

In many Florida cases, an injured person’s own actions may contribute to their injuries. Learn how victim negligence could reduce your liability in a dog bite lawsuit.

Even when a bite occurs during a fight, how the person intervened—whether they grabbed, kicked, or startled the dog—can be important in evaluating whether liability should be reduced.

What to Do If You’re Being Sued in Florida for a Dog Bite

If you’ve been served with a demand letter or civil complaint, do not ignore it. Dog bite claims in Florida move quickly, and a delayed response can lead to a default judgment.

Here’s what to do right away:

• Let your attorney handle any communication with the other party or their insurer
• Collect evidence such as videos, photographs, and witness contact information
• Request medical or veterinary records that help explain your dog’s behavior
• Preserve any camera footage if the incident happened near your home or business

You may also want to consult with an attorney who offers pre-suit injury defense if the injured party has not yet filed a formal lawsuit but is threatening legal action.

We Defend Dog Owners Across Florida

At Florida Civil Counsel, P.A., we understand that many dog bite incidents are far from black and white. We’ve represented owners in situations involving dog parks, leash confrontations, tenant disputes, and backyard encounters where emotions ran high and injuries occurred quickly.

Whether you’re in Orlando, Jacksonville, Tampa, or South Florida, our team is here to defend you against unfair or exaggerated claims. We also help clients navigate related challenges like wrongful death allegations and landlord liability in dog bite cases when attacks occur in rental properties or shared spaces.

Take Action Before It’s Too Late

If someone was bitten while breaking up a dog fight and you’re being sued, the law may still hold you responsible—but that doesn’t mean you have no defense.

Contact Florida Civil Counsel, P.A. today to speak with a Florida dog bite defense attorney about your options. We are based in Orlando and represent dog owners throughout Florida who are facing legal action for dog bite incidents, no matter how complicated the circumstances.

Let us help you protect your rights, your dog, and your future.