Florida Dog Bite Strict Liability: What It Means for Your Injury Claim



Florida dog bite strict liability matters the moment a bite happens. If a dog bites you while you’re lawfully on public or private property, the owner is generally responsible for your injuries—even if the dog has never bitten anyone before. This article explains how Florida’s statutes work, common defenses, and how to protect your claim.

Florida’s Core Statute: §767.04 (Dog Owner’s Liability)

Florida’s strict liability rule appears in Fla. Stat. §767.04. In plain English: when a dog bites a person who is lawfully present, the dog’s owner is liable for damages—regardless of prior viciousness or the owner’s knowledge of it.

  • No “one bite” free pass. Prior attacks aren’t required for liability to attach.
  • Comparative fault can reduce damages. If the insurer argues you provoked the dog or ignored warnings, they’ll try to cut your recovery.
  • “Bad dog” sign defense (limited). A properly displayed warning sign can matter—but there are exceptions (e.g., cases involving young children).

Dangerous Dog Definitions & Owner Duties

Florida also defines and regulates “dangerous dogs.” See §767.11 (definitions) and §767.12 (classification and requirements). When a dog meets the “dangerous” criteria, owners face stricter duties—failure can strengthen your civil case and may have criminal or administrative consequences.

After a Bite: Medical First, Then Reporting

Always get medical care immediately. For public health tracking and rabies prevention, report bites locally. In Orange County:

Keep photos of your injuries over time, save torn clothing, and collect the owner’s contact and insurance information. These steps can dramatically improve your recovery.

How Strict Liability Helps Your Claim

Because liability doesn’t hinge on a prior bite, the main battles become damages and defenses. We build your case with:

  • Medical proof (ER, urgent care, specialists, plastic surgery, infection management).
  • Functional impacts (work limitations, lost income, PTSD/anxiety, disfigurement).
  • Photographic timeline of wounds and scarring.
  • Owner history and any prior complaints.

Common Insurance Defenses (and How We Counter)

  • “Provocation” or comparative fault. We separate normal pet interaction from true provocation and lean on medical/scene evidence.
  • Improper signage arguments. We analyze placement, visibility, and whether a sign actually meets statutory requirements.
  • Minimizing injuries. We document treatment needs—including scar revision and counseling for trauma.

Damages Available in Florida Dog Bite Cases

  • Medical bills (ER, surgery, antibiotics, follow-up)
  • Plastic/reconstructive procedures and scar revision
  • Lost wages and reduced earning capacity
  • Pain, suffering, mental anguish, and disfigurement
  • Property damage (e.g., phone, glasses, clothing)

When a Dog Is “Dangerous”

Classification as a “dangerous dog” can shape your claim. Requirements in §767.12 cover enclosure, registration, and notice. Violations can support negligence per se or punitive angles depending on the facts.

What To Do Next (Your Checklist)

  1. Get medical care and follow doctor’s orders.
  2. Report the bite to Orange County Animal Services and the DOH Rabies Program.
  3. Photograph injuries at regular intervals (day 1, 3, 7, 14, and after suture removal).
  4. Collect the owner’s info and insurance details.
  5. Speak with an attorney before giving any recorded statement to an insurer.

Related Resources (Internal Links)

Talk to an Orlando Dog Bite Lawyer About Strict Liability

Strict liability gives you a powerful legal starting point—but insurers move fast. The earlier you involve counsel, the stronger your case can be. Fighter Law investigates quickly, preserves evidence, and pushes insurers for full value. No fee unless we win.

Call (407) 344-4837 or contact us online. Prefer to read more first? Visit our main Orlando Dog Bite Lawyer page.


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Florida Dog Bite Strict Liability — FAQs

Is Florida really a strict liability state for dog bites?

Yes. Under §767.04, owners are generally liable when their dog bites someone who is lawfully present, even with no prior bite history.

What if the owner had a “Beware of Dog” sign?

Warning signs can affect liability in some situations, but they’re not a blanket defense and don’t typically protect against claims involving young children. Each case is fact-specific.

Do I have to report a dog bite in Orlando?

Report to Orange County Animal Services and review the DOH’s rabies guidance here. Reporting helps public health officials and creates documentation for your claim.

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