By Jacob Gordon, Esq. | Tampa Personal Injury Lawyer
Florida is a strict liability state for dog bites. This means that if a dog bites you in a public place or while you are lawfully on private property, the dog’s owner is liable for your damages — even if the dog had never bitten anyone before and the owner had no reason to believe it would. Understanding how Florida’s dog bite statute works, and what defenses owners can raise, is essential if you have been injured in an attack.
Florida’s Dog Bite Statute
Florida Statutes section 767.04 makes the owner of a dog liable for damages caused by a bite when the injured person was in a public place or lawfully on private property. Unlike many states, Florida does not require the injured person to prove the owner knew the dog was dangerous. The one-bite rule that applies in some other jurisdictions does not apply in Florida.
Lawful Presence on the Property
The strict liability statute applies when the bite victim was lawfully on the property where the attack occurred. This includes guests, mail carriers, delivery workers, and anyone else with a legal right to be on the premises. Trespassers generally cannot recover under the strict liability statute, though other legal theories may still apply depending on the circumstances.
Damages in a Florida Dog Bite Case
Dog bite injuries can range from minor lacerations to severe tissue damage, nerve injury, scarring, and psychological trauma. Compensable damages include medical expenses, future reconstructive or cosmetic procedures, lost wages, pain and suffering, and emotional distress. Children are disproportionately represented in dog bite statistics and often sustain injuries to the face and head, which can involve significant future medical needs.
Steps to Take After a Dog Bite in Florida
Seek medical attention immediately, both for your health and to establish a medical record documenting the injury. Report the bite to local animal control, which creates an official record and can trigger an investigation into the animal’s history. Identify the dog’s owner and obtain their contact and insurance information. Photograph the injuries as soon as possible, and continue photographing throughout the healing process to document scarring and wound progression.
If you or someone in your family was injured in a dog bite attack in Florida, contact Jacob Gordon Injury Law for a free consultation. jacobgordonlaw.com