Dog Bite Attorneys
Florida is a strict-liability state for dog bites under Fla. Stat. § 767.04. The owner is liable for an attack regardless of whether the dog had ever bitten before — Florida is not a 'one free bite' state. Our personal injury attorneys handle dog-bite cases across Volusia, Flagler, and Central Florida, with attention to the homeowner's or renter's policy where coverage usually lives, comparative negligence in the rare provoked-bite case, and the narrow 'Bad Dog' sign defense the statute carves out.
Florida treats dog bites as their own liability category. Under Fla. Stat. § 767.04, the owner of a dog that bites a person who is lawfully in a public place — or lawfully on private property, including the owner's own — is liable for the injury, regardless of whether the dog had previously bitten anyone or shown any vicious tendency. Florida is not a "one free bite" state. Recovery usually runs through the owner's homeowner's or renter's policy. Our personal injury attorneys handle dog-bite cases across Volusia, Flagler, and Central Florida. Call us at (386) 255-1400 24 hours a day for a free consultation.
How Florida strict-liability dog-bite law actually works
The strict-liability statute, § 767.04, removes two defenses an owner might otherwise try to raise:
- No "first bite" defense. Florida law makes the owner liable on the first bite, the second bite, or the tenth bite. The dog's prior history is not the trigger; the statute is.
- Knowledge is not required. Most negligence claims require proving the owner knew or should have known of the danger. Strict liability skips that question. If the dog bit, and the bitten person was lawfully present, the owner is on the hook.
The statute also carves out a comparative-negligence reduction for the rare case where the bitten person's own actions contributed to the bite (provoking, teasing, or unlawfully entering the property), and a narrow defense when the owner displayed an "easily readable" Bad Dog sign in a prominent place on the premises and the bitten person was 6 years or older. The Bad Dog defense does not apply to bites caused by the owner's own negligence.
What Florida's 2023 tort reform changed for your case
The 2023 tort reform package (HB 837) made the most significant changes to Florida personal injury law in a generation. Two of those changes touch nearly every injury case:
Statute of limitations: 4 years → 2 years
For negligence causes accruing on or after March 24, 2023, the deadline to file suit dropped from four years to two (§ 95.11(4)(a)). Older causes may still be governed by the prior four-year rule; the trigger is the cause-of-action date.
Comparative negligence: pure → 51% bar
Florida moved from pure comparative negligence to a modified system with a 51% bar (§ 768.81(6)). A plaintiff found more than 50% at fault recovers nothing. Below that, the recovery is reduced by the plaintiff's share of fault. Medical malpractice claims are statutorily exempt from the 51% bar.
Pure strict-liability dog-bite SOL. The SOL question for a pure § 767.04 strict-liability claim (no negligence theory pled) is one we confirm at intake before relying on either window — Florida case law treats some dog-bite claims as personal-injury actions that follow § 95.11(4)(a), but the cleanest answer is fact-specific. Comparative-negligence apportionment under § 767.04 itself is statutory and is not affected by the 51% bar.
Where the money usually comes from
Dog-bite recovery rarely comes out of the owner's pocket. It usually comes from one of three insurance policies:
Homeowner's insurance
The owner's HO-3 (or equivalent) policy is the most common source. Watch for breed-specific exclusions — many Florida carriers exclude pit bulls, Rottweilers, Dobermans, and other breeds outright, in which case the policy will deny the claim.
Renter's insurance
Renter's policies often carry liability coverage that includes pet bites, with similar breed exclusions. Useful when the owner is a tenant rather than a homeowner.
Umbrella + landlord policies (less common, often higher limits)
Personal umbrella policies sit on top of homeowner's coverage when the underlying limits are exhausted. In rental-property cases, the landlord's policy can be a separate source if the landlord knew the dog was on the property and dangerous. We identify every available policy before evaluating settlement.
Florida dog-bite law has not moved much. The policy market keeps moving.
Section 767.04 has been on the books in roughly its current form for decades. What changes year over year is what Florida carriers will and will not cover. Breed exclusions, animal-liability sub-limits, and outright refusals are more common than they used to be — and they decide the case more often than the liability question does. We work dog-bite cases on the current statute and on a careful read of the actual policy in play.
Bitten by a dog in Volusia or Flagler? The clock is already running.
From the day-one investigation through settlement or trial, our personal injury attorneys handle Florida dog-bite cases across Volusia, Flagler, and Central Florida.
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