Can a Minor Dog Bite Still Lead to a Lawsuit in Florida?
Why Small Dog Bites Still Lead to Lawsuits
Many dog owners believe that if a bite doesn’t break the skin or require stitches, then no lawsuit could possibly follow. After all, how could something so minor lead to thousands of dollars in damages?
But in Florida, even minimal dog bites can create serious legal claims. That’s because medical providers often treat all dog bites as potentially dangerous, which means victims are sent for preventive treatments like rabies and tetanus shots—and those costs add up quickly.
Why Medical Treatment Matters More Than the Bite Itself
Rabies Shots
Florida law requires medical professionals to treat any dog bite as a potential rabies exposure unless the dog’s vaccination status is immediately confirmed. Rabies shots are a series of injections, often given over several weeks.
- Estimated cost: $3,000 to $7,000 for the full series
Tetanus Shots
Even a shallow nip or scratch can carry bacteria. If the victim hasn’t had a tetanus booster in the last 10 years, doctors will usually administer one.
- Estimated cost: $60 to $150 per shot
Emergency Room Bills
Even when the bite is minor, victims often go to the ER out of caution. Emergency departments charge facility fees, examination fees, and lab costs.
- Estimated cost: $1,000 to $3,000 for a single ER visit
What starts as a “scratch” from your dog can easily lead to $5,000 to $10,000 in medical bills, creating grounds for a personal injury claim.
Why Owners Are Still Liable for Minor Bites
Under Fla. Stat. § 767.04, Florida follows a strict liability rule for dog bites. That means dog owners are legally responsible for injuries their dog causes—even if it’s the first time, and even if the bite was “just a nip.”
Because the law doesn’t distinguish between major and minor injuries, lawsuits can arise from:
- Small bites that only break the skin lightly
- Scratches from a dog’s teeth or claws during the incident
- Situations where no stitches were required, but medical treatment still followed
Real-World Examples of Minor Bite Claims
Example 1: The Playful Puppy
A puppy nips a visiting neighbor while playing. No puncture wound occurs, but the neighbor still visits the ER out of caution. Rabies shots are administered, and the medical bill exceeds $6,000.
Example 2: The Delivery Driver
A delivery driver places a package near a front door. The homeowner’s dog pushes through the screen door and scratches the driver’s leg with its teeth. The driver needs a tetanus shot and antibiotics. Total bill: $1,200.
Example 3: The Family Gathering
At a backyard barbecue in Jacksonville, a child is nipped while reaching for a dog’s toy. The skin isn’t broken, but the parents insist on an ER visit. After precautionary tests and vaccines, the medical bill exceeds $4,000.
In each of these examples, the dog owner thought the incident was minor. Yet the victim’s medical response—and the bills that followed—transformed the situation into a lawsuit.
Defense Challenges in Minor Bite Cases
Jury Sympathy
Juries may feel sympathy for the victim, even when the bite was small. Seeing medical bills in the thousands often overshadows the fact that the physical injury was minimal.
Preventive Medicine as Evidence
Plaintiffs’ attorneys highlight rabies and tetanus protocols as proof that the victim faced genuine health risks. These treatments often make claims seem more legitimate, regardless of the actual severity of the bite.
Insurance Company Involvement
Homeowners or renters insurance often covers dog bite claims, but insurers may push for settlement to avoid trial costs—even when injuries seem small.
For strategies on building a defense, see our post on defending against dog bite lawsuits in Florida.
How Florida Civil Counsel, P.A. Can Help
Our firm, based in Orlando, has defended clients across Florida—including Miami, Tampa, and Pensacola—who were shocked to face lawsuits after what seemed like a minor nip or scratch.
Because we represent both plaintiffs and defendants in dog bite cases, we understand the arguments the other side uses and how juries view claims involving children, delivery workers, or neighbors. That perspective allows us to build stronger defenses.
If you are being sued after a seemingly minor dog bite, our Florida dog bite defense attorneys can help. Contact us today to protect your rights.
