Understanding Florida’s Dog Bite Laws: A Victim’s Guide

Dog bites can be traumatic and physically damaging. Florida recorded 1,821 dog bite insurance claims in 2024 totaling more than $101 million in payouts, with the average claim reaching $55,680. Florida ranks second in the country for dog bite insurance claims, and children account for more than half of all victims statewide. If you or someone you know has been bitten by a dog in the Sunshine State, understanding your rights under Florida law is the first step toward seeking justice and compensation with the help of a dedicated Florida dog bite attorney.

What Is Florida’s Strict Liability Dog Bite Law?

Florida’s strict liability law means a dog owner is automatically liable for any injury their dog causes, regardless of whether the dog had previously shown signs of aggression or whether the owner was aware of any such tendencies. If a dog bites someone, the owner is typically held responsible, even if the dog has never bitten anyone before.

The governing statute, Florida Statute § 767.04, states:

“The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”

Strict liability matters in practice because victims do not need to prove the owner knew the dog was dangerous. The owner is on the hook from the very first incident. You do not need a prior bite history to win your case.

Defenses Dog Owners May Raise Under Florida Law

Even under strict liability, Florida law recognizes several defenses that a dog owner may use to reduce or eliminate their liability:

1. Provocation: If the dog owner can prove the bite victim antagonized or provoked the dog before the attack, it can serve as a defense. If the victim’s own actions contributed to the bite, the owner’s responsibility may be reduced or eliminated.
2. Warning signs: If the owner had prominently displayed a readable sign including the words “Bad Dog” or a similar warning, they may not be liable for bites. However, this defense does not apply if the victim is under six years old, or if the damage resulted from the owner’s own negligent act.
3. Trespassing: Strict liability generally does not apply if the person bitten was unlawfully on the property at the time of the attack.

Because our attorneys also handle dog bite defense in Florida, we are uniquely positioned to anticipate the arguments the other side will raise and prepare your case accordingly.

What to Do Immediately After a Dog Bite in Florida

The steps you take in the hours and days after a dog bite can significantly affect your ability to recover compensation. If you or a family member has been bitten:

• Seek medical attention right away, even if wounds appear minor. Dog bites carry a high risk of infection, nerve damage, and other serious medical complications that may not be immediately visible.
• Report the bite to local animal control or law enforcement to create an official documented record of the incident.
• Photograph everything, including the wound, the location of the attack, and the dog if safely possible.
• Identify the dog owner. Get their name, address, and homeowner’s or renter’s insurance information.
• Do not give a recorded statement to the dog owner’s insurance company before speaking with an attorney. Adjusters ask questions designed to limit what they pay.
• Contact a Florida dog bite attorney as soon as possible to protect your rights and preserve evidence.

Florida’s 2-Year Deadline to File a Dog Bite Claim

This is one of the most important updates Florida dog bite victims need to know. Before March 24, 2023, Florida allowed four years from the date of injury to file a personal injury lawsuit. Under House Bill 837, that window was cut in half. For dog bite incidents occurring on or after March 24, 2023, victims now have only two years to file a lawsuit under Florida Statute § 95.11(4)(a).

For bites that occurred before March 24, 2023, the original four-year deadline still applies.

For children: parents sometimes assume the deadline is automatically extended until the child turns 18. That assumption can be costly. Under Florida Statute § 95.051, the statute of limitations is only tolled for a minor when no parent or guardian is available to bring the claim, or when an available parent or guardian has a conflict of interest. If a parent is available and able to act, the standard two-year deadline applies from the date of the bite. Florida also caps any tolling at seven years from the date of the injury. If your child was bitten, do not delay. See our detailed post on dog attacks on children in Florida for more on how these rules apply to young victims.

Compensation Available to Florida Dog Bite Victims

A dog bite victim may be entitled to various forms of compensation, depending on the severity of the injury, the circumstances of the attack, and the insurance coverage available. Commonly recoverable damages include:

1. Medical Expenses: Emergency room visits, hospitalization, surgery, prescription medications, physical therapy, and any future treatment related to the bite.
2. Lost Wages: If the victim missed work because of their injuries, they may be compensated for wages lost during recovery.
3. Pain and Suffering: This acknowledges the physical pain and emotional distress caused by the attack, including anxiety, depression, and post-traumatic stress.
4. Loss of Earning Capacity: If the bite causes long-term or permanent disability that reduces the victim’s ability to earn income, that loss may be recoverable.
5. Property Damage: Personal items damaged during the attack, such as clothing, may be reimbursed.
6. Scarring and Disfigurement: Visible scars, especially on the face or neck, can support significant compensation for the lasting physical impact.
7. Loss of Consortium: If the attack affects the victim’s relationship with a spouse or family members, that impact may be compensable.
8. Rehabilitation and Therapy Costs: Physical and psychological therapy necessary for recovery can be included in the claim.
9. Punitive Damages: In cases involving particularly reckless or willful conduct by the dog owner, punitive damages may be awarded to punish the owner beyond ordinary compensatory damages.

Understanding who is most at risk of dog bites in Florida can also provide useful context for evaluating the strength of a claim.

Contact a Florida Dog Bite Attorney Today

Dog bites carry real legal deadlines, complex insurance dynamics, and defenses the dog owner’s attorney is already preparing. Acting quickly protects your rights and preserves the evidence you will need.

If you or someone you know has been bitten by a dog in Florida, Florida Civil Counsel, P.A. is ready to help. Our attorneys represent dog bite victims and understand exactly how the other side builds its defense. We handle cases throughout Florida from our Orlando office, including in Tampa, Miami, Jacksonville, and Fort Lauderdale. Contact us online or call us at (407) 426-4444 for a free, no-obligation consultation. The clock on your claim is already running.