Who is liable if a dog bites me in Florida?

1. Liability Standard

Florida is a strict-liability state under Fla. Stat. § 767.04. Owners are liable for damages caused by their dog biting any person in a public place or lawfully on private property, regardless of the dog's prior viciousness or the owner's knowledge.

2. Statutory Elements

Plaintiff must show: (a) defendant owned the dog; (b) the dog bit the plaintiff; (c) the plaintiff was in a public place or lawfully on private property; and (d) damages resulted.

3. Common-Law "One-Bite" Doctrine

For non-bite injuries (e.g., dog knocks someone over), Florida common law requires scienter or negligence.

4. Trespasser Defense

The statute protects only those "lawfully" on the property. Trespassers cannot recover under § 767.04.

5. Provocation Defense

Provocation can bar or reduce recovery. A conspicuously posted "Bad Dog" sign provides a defense unless the victim is under six years old or the owner's negligence caused the injury.

6. Comparative Fault

Florida's modified comparative-fault rule (Fla. Stat. § 768.81, as amended 2023) bars recovery if the plaintiff is more than 50% at fault and reduces damages proportionally otherwise.

7. Landlord Liability

Landlords are liable only with actual knowledge of the dog's dangerous propensities and ability to control the premises.

8. Homeowner's Insurance

Florida homeowners insurance typically covers dog bites; breed-specific exclusions are common, especially after large claims.

9. Damages

Medical bills, lost wages, scarring (especially compensable in Florida), disfigurement, future surgeries, and emotional distress.

10. Criminal Liability

Under Fla. Stat. § 767.13, owners of dogs classified as "dangerous" face misdemeanor or felony charges for severe injuries or death.

This is legal information, not legal advice.