Can You Be Sued for a Dog Bite While Fostering in Florida?
Fostering a dog can be a meaningful way to help animals in need—but if that dog bites someone while in your care, the legal fallout can feel anything but charitable. Florida law applies strict liability in many dog bite cases, and even if the dog wasn’t technically “yours,” you may still be sued as if it were.
So what happens if you’re fostering for a rescue or shelter, and the dog injures someone? Are you liable? Could the organization’s insurance step in to protect you? This blog explores what Florida law says about dog ownership, potential defenses, and how you can protect yourself—whether you’re in Orlando, Miami, Tampa, Jacksonville, or anywhere else across the state.
Understanding Florida’s Definition of a Dog Owner
Florida law may define you as an owner—even if you don’t think you are
Florida Statute § 767.11(7) defines an “owner” as any person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal.
This broad definition means that if you’re fostering a dog—even temporarily—you may legally be seen as the owner, and therefore liable for injuries the dog causes.
However, whether you are solely responsible may depend on the specific language in your foster agreement and the role the rescue or shelter plays in decision-making and control. In many cases, the organization retains legal ownership and could share in liability.
What to Do Immediately After a Foster Dog Bites Someone
Quick steps to safeguard your rights and protect against unnecessary liability
If you’re fostering a dog and it injures someone, take these steps right away:
- Notify the rescue group or fostering organization immediately
- Document the bite, your foster agreement, and communications with all parties
- Avoid admitting fault or offering to pay for injuries
- Contact a Florida dog bite defense attorney to evaluate your situation
Acting early is crucial. In Florida, personal injury claims—such as those involving dog bites—must be filed within four years. But waiting too long to respond to a demand letter or lawsuit can seriously limit your defense options.
If you’ve already received a demand or legal notice, here’s what to do when you receive a lawyer’s letter after an injury claim.
Does the Rescue or Foster Organization Have Insurance?
You may not be alone in this—even if you’re the one being sued
Many animal shelters, rescue groups, and foster-based nonprofits carry general liability insurance or specialized animal liability policies. These policies are often designed to cover injuries caused by animals in their custody, including those placed in foster homes.
Whether the organization’s insurance will defend you depends on:
- The terms of the foster agreement
- Whether the incident occurred during the foster period
- How much control the rescue group retained over the dog
- The type of policy and its exclusions (e.g., certain breeds)
Don’t assume you’re uninsured just because your homeowner’s policy won’t cover the bite. It’s worth having an attorney review your foster agreement and request a copy of the rescue’s insurance policy. For more on this issue, see our blog on dog bite and homeowners insurance in Florida.
Legal Defenses in Foster Dog Bite Cases
Being named in a lawsuit doesn’t mean you’re liable under Florida law
Even if you’re legally defined as a temporary owner, Florida law provides several viable defenses in dog bite cases—especially when you’re fostering under the direction of an organization.
The Rescue or Shelter May Be the True Legal Owner
When a rescue group dictates the dog’s medical care, adoption terms, and overall control, a strong argument can be made that they are the primary owner. Depending on the facts, the organization may bear some or all liability.
Comparative Fault or Provocation
If the injured person provoked the dog, ignored instructions, or entered your property unlawfully, comparative fault may reduce or even eliminate your liability. We cover this further in our article on victim negligence as a Florida dog bite defense.
“Bad Dog” Sign Protection
Florida law under § 767.04 provides protection to dog owners if the bite occurred on the owner’s property and a visible “Bad Dog” sign was displayed. Learn more in our blog about Florida’s “Bad Dog” sign defense.
Dangerous Dog Classification
If the dog had been previously declared dangerous and you were not informed—or had no reason to believe the dog was aggressive—that could influence liability. To better understand these issues, read about Florida’s dangerous dog laws and designations.
Why These Cases Matter Across Florida
Foster cases from Miami to Pensacola raise similar legal questions
Dog bite lawsuits involving fostered dogs are increasing throughout Florida—including in cities like Orlando, Tampa, and Jacksonville—especially as more rescue organizations rely on volunteers for short-term care.
In some cases, foster volunteers are blindsided by lawsuits or insurance claims months after the bite. In others, organizations distance themselves to avoid insurance rate increases. We’ve represented foster parents who were sued despite the rescue’s ongoing legal ownership.
We also handle pre-suit negotiations and defense, including scenarios involving delivery drivers, apartment complexes, and shared custody of animals. Read more about landlord liability in Florida dog bite cases and the next steps in a Florida dog bite lawsuit if you’re already facing a claim.
Conclusion: Don’t Wait to Get Help—Even If You Were “Just Fostering”
In Florida, liability for dog bites can extend far beyond traditional pet ownership. If you were fostering a dog and are now being blamed for an injury, you have legal options—but time is critical.
At Florida Civil Counsel, P.A., we defend individuals across Florida who are facing personal injury claims stemming from dog bites, including foster parents, temporary caretakers, and property owners. Our Florida dog bite defense attorneys can review your case, negotiate on your behalf, and ensure you’re not unfairly held responsible.
Whether you’re dealing with an early demand or active litigation, our pre-suit injury defense team can help you assert your rights and push back before things escalate.
We are based in Orlando, but we proudly serve clients throughout Miami, Jacksonville, Tampa, Pensacola, and every region of Florida.
If you’ve been sued or contacted about a dog bite involving a fostered dog, contact Florida Civil Counsel, P.A. today. We’re here to help you protect your rights—wherever you are in the state.