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By: Morey Law Firm

January 31, 2025

Can You Sue if the Dog Was Leashed?

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Can You File a Dog Bite Claim if You Were Bitten by a Leashed Dog in Florida?

Many people assume that if a dog was on a leash when it bit someone, the owner can’t be held responsible since they were following local leash laws and taking proper precautions. However, in Florida, the reality of dog bite liability is quite different. From our Orlando office, our Florida dog bite attorneys have helped dog bite victims throughout Florida, from Miami to Pensacola, understand their rights when injured by both leashed and unleashed dogs. The presence of a leash doesn’t automatically protect a dog owner from liability, and understanding your rights is crucial for protecting your interests after an incident.

Florida Dog Bite Laws and Owner Responsibility

Florida’s dog bite statute, Section 767.04, establishes strict liability for dog owners whose pets bite someone, regardless of whether the dog was leashed or unleashed at the time of the incident. This means that even if the dog was properly leashed and the owner was following all local ordinances, they may still be legally responsible for any injuries their dog causes.

Understanding Strict Liability

Unlike some states that follow a “one bite rule,” Florida holds dog owners accountable regardless of whether their dog has shown previous aggressive behavior. This law applies consistently throughout the state, whether you’re in Tampa, Jacksonville, or anywhere else in Florida. The statute provides strong protections for victims, ensuring they have legal recourse even when owners have taken basic safety precautions like using a leash.

Location and Circumstance Considerations

When evaluating dog bite cases, various factors come into play beyond just the presence of a leash. The location of the incident can significantly impact your claim. Whether you were bitten at a Florida bar or restaurant, in an apartment complex, or on public property, different liability considerations may apply. Additionally, the type and length of leash used, the owner’s control over the dog, and the circumstances leading to the bite all factor into the strength of your claim.

Taking Action After a Leashed Dog Bite Incident

If you’ve been bitten by a leashed dog in Florida, taking immediate and appropriate action can significantly strengthen your potential claim. The first priority should always be seeking medical attention, even if the bite initially appears minor.

Immediate Medical Care and Documentation

Dog bites can lead to serious complications, including infections, nerve damage, and scarring and disfigurement. Medical documentation also creates an official record of your injuries, which becomes crucial evidence in your claim.

Gathering Evidence

While receiving medical care, it’s important to gather as much information as possible about the incident. This includes photographing your injuries, the dog, and the scene, collecting contact information from witnesses and the dog owner, and documenting any statements made at the time of the incident. These details can be vital when determining your dog bite case value.

Time Limitations

Florida law provides a two-year statute of limitations for personal injury claims, including dog bites, making it essential to act promptly. This time limit applies whether you’re in Miami-Dade County, the Panhandle, or anywhere in between. During this period, you’ll need to file your lawsuit or resolve your claim through settlement negotiations.

Protecting Your Rights and Seeking Compensation

When pursuing a dog bite claim in Florida, various types of compensation may be available to victims. This can include reimbursement for medical expenses, compensation for lost wages if you’ve had to miss work, and damages for pain and suffering.

Types of Available Compensation

The severity of your injuries, the impact on your daily life, and the long-term consequences of the bite all factor into the potential compensation you may receive. Our firm has helped victims from Tampa to Pensacola understand and pursue the full range of damages available under Florida law.

Statewide Legal Support

From our centrally located Orlando office, we serve clients throughout Florida, ensuring that every dog bite victim has access to experienced legal representation, regardless of where they’re located in the state. Whether you’re dealing with insurance companies, negotiating a settlement, or need to take your case to court, having knowledgeable legal support can make a significant difference in the outcome of your claim.

Taking the Next Step

If you’ve been bitten by a dog anywhere in Florida, don’t wait to seek legal guidance. Contact us today to discuss your case and learn how we can help protect your rights after a dog bite incident, whether you’re in Miami, Jacksonville, or anywhere else in Florida. Our commitment to serving clients statewide ensures you’ll have the dedicated legal support needed to pursue fair compensation for your injuries.

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