Section 767.04 specifically states that the dog owner is "liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.". This liability may be reduced if the bite is because of the negligence of the person bitten. Dissatisfaction with the common law rule led to the enactment of F.S. Florida's Dog Bite Statute. If you try to file your lawsuit after the four-year deadline has passed, the court will almost certainly dismiss it, unless the circumstances call for a rare extension of the filing deadline. Dog bite common law only held dog owners liable when the owner had reason to know that their dog was dangerous. Finally, under section 767.04, a dog owner is not liable for bite injuries if he or she had displayed—in a prominent place on the property—an easily readable sign that includes the words “Bad Dog.” Note that such a sign won't protect an owner if the dog bite victim is under six years of age, or if the owner was negligent in connection with the incident. The email address cannot be subscribed. Liability Statute. The attorney listings on this site are paid attorney advertising. You may be able to reduce your liability if the person bitten was negligent in causing the biting incident, but most likely you'll be liable for some or all of the injury. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Overview of Florida dog bite law Whether you're a Florida dog owner, or you've been bitten or otherwise harmed by someone else's dog, laws related to dog bite liability and lawsuits may be of interest to you. Florida's dog bite statute, which can be found at Florida Statutes section 767.04, says that a dog owner is liable for injuries if: This statute only covers injuries caused by dog bites. Florida follows a "strict liability" theory in this regard. Internet Explorer 11 is no longer supported. If it’s not covered, it comes out of your pocket, because refusing to pay the vet bill may cause the owner to seek legal action in a small claims court. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Florida dog bite victims have rights that are specifically set forth in Chapter 767, Florida Statutes. Get started on recovering for damages for the dog bite today by having a personal injury attorney in Florida review your case. Laws determining a dog owner's liability for bites and other injuries caused by their pet vary from state to state, but there are essentially two basic rules: liability when the dog owner knew or should have known the dog might bite someone (often referred to as the "one-bite rule") and liability regardless of what the owner knew or should have known (often referred to as "strict liability"). Any attempt to attack or endanger a person is also considered dangerous behavior. Do Not Sell My Personal Information, Whether you're a Florida dog owner, or you've been bitten or otherwise harmed by someone else's dog, laws related to, including the property of the owner of the dog, Section 767.04 specifically states that the dog owner is "liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.". Florida is a "strict liability" state when it comes to dog bites. This means that a dog owner is held accountable whenever their dog bites another person, even if there was no previous sign that the dog would bite. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Our dogs are part of our families so it can be easy to forget that they're really animals and not people. These Florida statutes outline the state's dog provisions, which mainly cover dangerous dog/dog bite laws. First, if the bitten person was on the owner’s private property unlawfully, the owner will likely not be held liable. What to do After Your Dog Kills Another Dog. When something sets them off, your cuddly ball of fur may go all Rambo on you and attack or bite someone. Check if your home owner’s insurance covers any bites caused by your dog to third parties. The "clock" starts running on the day of the injury. In addition to not having a “one bite” law, Florida State also uses “dangerous dog laws” to label canines that have posed a threat to people in the past. Since the owner of a dog that bites you can be strictly liable for your injuries, you may not have to prove negligence. We recommend using Florida law states that the owner of a dog is responsible for any bites caused to another person. LawInfo provides free Florida pet law legal information. Am I Legally Responsible If My Dog Bites Someone? Florida is a strict liability state for dog bites. If you find yourself on either side of a dog bite claim as the animal's owner or as someone who suffered a bite injury it may be time to discuss your situation with a, percentage of blame assigned to the injured person, Tips for Getting the Best Personal Injury Settlement. Learn the steps you should take if … According to the Florida Statutes §767.04, Florida law makes it clear that the owner of any dog that bites another person while they are on public property, or lawfully on private property, is liable for the damages a victim suffered. Stay up-to-date with how the law affects your life, Name In Florida, dog owners are liable for any injury their dog inflicts on a person. When Dogs Injure Other Dogs. How Long Will It Take To Settle Your Personal Injury Case? This same deadline applies to all personal injury cases in Florida. Get a Legal Review of Your Florida Dog Bite Situation. Florida Dog Bite Laws. Learn more about strict liability dog bite laws. This statute only covers injuries caused by dog bites. owner is not liable for bite injuries if he or she had displayed—in a prominent place on the property—an easily readable sign that includes the words “Bad Dog.” Note that such a sign won't protect an owner if the dog bite victim is under six years of age, or if the owner was negligent in connection with the incident. A dog that has seriously injured or killed another animal more than once. Section 767.04 of the Florida Statutes makes it clear that “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.” §767.04, the dog bite provision, in 1949. Florida’s dog bite statute, FLSA 767.04, states that a dog owner is liable for injuries if: the dog bites another person, and; the person is in a public place or lawfully in a private place. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. Another thing to note is that if you live in an area with “dangerous dog” laws, your dog will most likely be put to sleep whether the other owner seeks that action or not. However, a person who is injured by a dog in another way may be able to prove the owner is liable if the injured person can show the owner's negligence (or failure to use reasonable care) resulted in the injury. In some states, the information on this website may be considered a lawyer referral service. If your dog has previously attacked someone, it may have been declared a dangerous dog and criminal penalties are more likely to apply. According to Florida state law, a dog’s owner can be held liable for biting another person if the dog is in a public place, or the victim is lawfully in a private place. 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 … Dog bites happen every day — at the vet ‘s office, on walks around the neighborhood, and at dog … Florida Dog Bite Law Florida Dog Bite Law A dog bite victim in Florida can recover compensation under a special statute and the doctrines of negligence, negligence per se, scienter, and intentional tort. Google Chrome, Dangerous dogs are typically impounded and put down if the injuries they cause are severe. When a dog bites you in Florida, the dog’s owner is responsible for all of the damages including any medical condition that may develop later as a result of the attack. You may not be liable for dog bites in Florida if any of the following apply: You display a "Bad Dog" sign (this doesn't relieve you of liability for victims under age 6) The dog is owned, or in the service of a law enforcement agency; The dog is used as a service dog. Dog owners have a legal “duty of care” to keep their dog from hurting another person or damaging personal property. 16 From its inception, this provision imposed strict liability, removing the need for victims to prove the “former viciousness of the dog or the owners’ knowledge of such viciousness.” Florida’s statute of limitations is a hard-and-fast deadline. This law is in place if the incident occurs while the person is in a public place or anywhere private, they are legally allowed. A dog owner in Florida is strictly liable for the actions of his or her dog. 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