Florida Dog Bite Law
Dogs are man’s best friend, but even then, an unexpected bite can happen. Whether a Florida puppy parent or a dog bite victim, you must know your rights under Florida dog bite laws.
What is the law on dog bites in Florida?
Under Florida law, a dog owner is liable for any injury or damage caused by his dog if it bites another person on public property or the dog owner’s property if hunting is lawful there.
If a dog bites someone, the owner of that dog is legally responsible for the damages and medical costs caused by the bite. Note that Florida’s law only covers dog bites—not any other type of assault.
Dog owners in Florida are also liable for damage caused by their dog to another dog or animal.
Dog owners are liable for damages, even if their pet has not previously shown aggression or had no prior history of biting anyone.
This is known as a strict liability – meaning that owners are responsible whether or not they know of their pet’s potential to cause harm.
However, the owner of a biting dog is not liable unless the victim is under six if they post a sign on their property with the words “Bad Dog” or “Beware of Dog.” The dog bite must have occurred on the dog’s owner’s property, where the sign was posted.
Understanding Liability for Dog Bite Claims in Florida
In Florida, a dog owner can be held liable for their dog biting someone if it is proven that they are the dog’s owner and the dog bit the victim.
This is why Florida’s dog bite law is referred to as a strict liability law—there is no requirement that the owner is shown to be negligent or know the dog was dangerous.
The law does not consider the breed of the dog or whether the dog has acted aggressively in the past.
However, Florida will consider a dog dangerous if it has previously bitten, attacked, or injured another person or animal or unreasonably chased a person in a public area.
If a dog is considered dangerous, an owner should take additional steps to protect others, such as posting a “bad dog” sign on their property, fencing their yard, and always keeping the dog on a leash in public places.
When a dog owner does not take these steps, they may also face claims of negligence, which can result in additional economic damages to the victim.
Criminal liability
A dog owner also faces potential criminal liability. If a dog previously deemed dangerous kills another person, the dog’s owner in Florida could be charged with manslaughter and face several years in prison.
If a dangerous dog bites and seriously injures someone, the owner may be fined and imprisoned for up to one year, depending on the circumstances of the attack.
A dog owner may still face criminal liability when a dog has not previously been deemed dangerous, but this will be greatly reduced and limited to taking the dog away and fining the owner. Will go
Defending Florida Dog Bite Claims and Exceptions
In Florida, dog owners may have a potential defense against dog bite claims.
Encroachment
Liability of dog owner. Negligence and trespass are linked, and if someone was trespassing on another person’s property and was attacked by the dog of the owner of that property, it can be argued that the victim was negligent in entering that area where they were not allowed or invited.
To be eligible for a dog bite claim in Florida, the person attacked must be legally on the property where the attack occurred.
Provocation
Provocation can also be argued as a defense by the dog’s owner if the victim acted in a way that caused the dog to attack them or become aggressive.
This can include things like teasing or pulling on the animal’s tail. The burden of proof for this defense is on the dog’s owner – meaning they must prove that the victim did something to cause them to injure themselves.
Defense
If the dog bites because it is defending its owner or someone in the vicinity, this is also a possible defense.
Exception
In addition to these defenses, there are some exceptions to liability for Florida dog owners. One of these exceptions involves using the bad dog sign.
These signs are often posted on certain properties warning potential visitors that there is an invasive animal on site and that they should be aware of their surroundings.
If someone sees one of these signs but enters anyway and is then bitten by an animal on the property, they may not be able to recover damages because they entered an area voluntarily.
Even if they know the potential danger. Note that this exception only applies to dog bite victims over the age of six.
Frequently Asked Questions (FAQs)
How long do I have to file a dog bite claim in Florida?
If you are the victim of a dog bite in Florida, you have four years from the date of the incident to file a personal injury claim.
This period may appear sufficient, but it is important to note that due to the difficulties associated with gathering evidence and verifying liability, it is strongly recommended to file for compensation as soon as possible.
As time passes, memories may fade, or physical evidence may be lost or destroyed, making it more challenging to prove wrongdoing and build a strong case.
If my dog attacks someone, can I be charged with a crime?
Yes, a dog owner can be charged with a crime in Florida if their dog was previously dangerous and attacked someone.
If the dog bite is difficult or causes serious injury, charges of aggravated assault can also be brought against the pet owner, and they could face fines or up to five years in prison in some cases.
Is there a one-bite rule in Florida?
No, Florida’s dog bite statute focuses on strict liability, meaning that a dog owner is automatically at fault for letting their dog bite someone else.
In Florida, there are also laws regarding “dangerous” dogs—dogs that have previously attacked humans or other animals or displayed dangerous behavior such as growling or growling at people and animals outside their home territory.
In these cases, owners may be subject to criminal penalties and civil liability for damages caused by their pet’s aggressive behavior.