A dog bite can feel personal in a way other injuries don’t. Pain is immediate, there are concerns about infection, and the attack can leave you dealing with stitches, scars, missed work, and a stack of medical visits.
Florida law gives you a direct path to hold a dog owner responsible in a wide range of situations, even if the dog never bit anyone before. Details still control the outcome, so it helps to look at the rule Florida uses, the exceptions that owners lean on, and the kind of proof that keeps a dog bite case from turning into a credibility fight.
If you were attacked and bitten by a dog, contact the dog bite lawyers of Lesser, Landy, Smith & Siegel, PLLC at (561) 655-2028 to find out if you have a case.
Florida’s Main Dog Bite Rule
Florida Statutes section 767.04 puts responsibility on the dog’s owner when a dog bites a person in a public place or when a dog bites a person who had a lawful right to be on private property, even if the dog had no prior history or the owner never expected a bite.
Public Places and Lawful Presence
Public place bites usually create fewer disputes about permission or invitation. Sidewalks, parks, parking lots, beaches, and shared spaces in an apartment or condo complex usually fall into the “public place” category for practical purposes, and the owner can face liability if the bite happens there.
Private-property bites raise more detailed questions about permission. Florida’s statute treats you as “lawfully” on private property when you enter with an express or implied invitation, or when your work puts you there under a duty created by state law or federal postal rules.
Dog bite disputes frequently start right there, because owners sometimes try to reframe a normal visit as “you weren’t allowed here,” and that argument can change the entire direction of the case.
“Bad Dog” Signs and the Under-6 Exception
Florida’s dog bite statute gives owners a narrow sign-based defense. A prominent, easily readable sign on the premises that uses the words “Bad Dog” can limit the owner’s liability under the statute, and Florida law still carves out key exceptions.
Child Under Age 6
A “Bad Dog” sign does not protect the owner against liability to a child under age 6.
Owner Negligence Still Creates Exposure
A “Bad Dog” sign does not protect the owner if the bite traces back to the owner’s negligent act or omission, even with the sign in place.
Sign Disputes Still Happen
Sign cases can get technical because the fight usually lands on placement, readability, and whether the sign actually warned you before you encountered the dog.
Your Own Conduct Can Reduce What You Recover
Florida’s dog bite statute also addresses your own negligence. If your negligence served as a proximate cause of the bite, Florida’s modified comparative negligence law reduces the owner’s liability by your percentage of negligence, as long as your share of fault isn’t more than 50%. If you are more than 50% at fault, it bars any recovery.
Insurance defense lawyers rely on that language, and the arguments tend to follow familiar themes:
- Teasing, hitting, or cornering the dog before the bite.
- Entering a fenced area or closed space after clear signals to stay out.
- Trying to pet or grab a dog that looked stressed, fearful, or reactive.
- Ignoring a handler’s warning not to touch the dog.
A dog bite case stays stronger when the facts show normal behavior on your side and a bite that came without any reasonable lead-up.
Bites Away From the Owner’s Yard Still Create Liability
Fla. Stat. § 767.04 covers bites that happen in a public place, so liability does not stop at the owner’s yard. A bite on a walk, in a shared neighborhood area, or in a parking lot can still put responsibility on the owner under § 767.04.
Leash and loose-dog facts still help because they speak to control. Fla. Stat. § 767.12 adds another statutory hook in certain cases, because the statute requires restraint rules for dogs classified as “dangerous,” and a bite that happens outside a proper enclosure can raise questions under § 767.12 along with § 767.04.
Dog Walkers, Sitters, and Shared Responsibility
Fla. Stat. § 767.04 puts liability on the dog’s “owner,” and Fla. Stat. § 767.11 defines “owner” as a person or organization that possessed, harbored, kept, or had control or custody of the dog. Owners and insurance defense teams sometimes try to pin the bite on a walker, a sitter, or a friend who had the dog for the weekend, and the statutory definition makes the custody-and-control question worth proving with records.
Payment records, texts, app screenshots, building camera footage, and witness statements can show who had custody of the dog that day and who had the practical ability to prevent the bite, and that evidence can also point to other responsible parties beyond the household owner.
Issues That Affect Lawful Presence and Liability
Florida’s dog bite rule looks simple at first glance, but certain details can change how the law applies. Certain issues come up again and again.
Trespassing and Uninvited Entry
Florida’s statute ties liability to a bite in a public place or to a bite on private property where you were there lawfully.
A trespass argument usually follows bites that happen inside a yard, inside a home, or behind a closed gate. Owners may try to stretch that argument even when you had a valid reason to be there, so proof of invitation and permission can decide the issue.
Working at a Property
Florida’s definition of lawful presence specifically covers people on the property to perform duties imposed by state law or federal postal rules.
Delivery drivers, mail carriers, utility workers, and others doing required work can fall under that part of the statute, and owners sometimes lose credibility quickly when a bite happened during a normal delivery window and the dog remained loose or unsecured.
“Bad Dog” Sign Fights
Sign cases tend to become a document-and-photos case. Owners try to show the sign existed, looked obvious, and gave enough warning. Your side tries to lock down the opposite: sign placement that faced the wrong direction, a sign hidden by landscaping, a sign placed after the bite, or a sign that never existed at all.
Florida’s statute spells out the “Bad Dog” wording requirement, and it also spells out the under-6 exception.
A smart first step after a bite on private property involves getting photographs of every entrance you used, plus wide shots that show what a visitor would see before reaching the dog.
Medical Care and Records That Protect Your Case
Medical treatment always comes first, and the records created during treatment can document puncture depth, swelling, tissue damage, and infection risk, which helps confirm severity and tie follow-up care to the bite.
A few practical steps help you medically and can help your case stay grounded.
1. Photos That Tell a Timeline
Take photos right away if you can, then take photos again over the next days as bruising, swelling, and redness develop. Bite wounds change, and photos explain change better than memory.
Photos that help the most usually show:
- The full area, with a wide shot that shows body location.
- Close-ups that show punctures, tearing, and bruising.
- Clothing damage, blood staining, or torn fabric.
- Any bandages, stitches, or wound care steps from treatment.
A time-stamped photo trail also cuts off the usual defense line that “the wound looked minor.”
2. Reporting to Animal Control or the Health Department
Reporting creates an outside record of the bite, the dog’s identity, and vaccination status. Owners sometimes try to avoid a report, and that hesitation can leave you stuck chasing proof later.
A report can guide rabies protocol, quarantine steps, and follow-up guidance.
3. Save Records and Keep Them Organized From Day One
A dog bite case gets easier to prove when records stay organized. Save anything that ties together injury, location, and responsibility:
- Medical records from urgent care, ER, specialists, and follow-up visits.
- Receipts for prescriptions, wound supplies, and out-of-pocket medical costs.
- A short written note of where the bite happened, plus the date and time.
- Names and contact details for witnesses who saw the bite or the dog’s behavior.
- Any messages with the owner about the dog, the bite, or payment.
A consistent record set keeps the timeline consistent and reduces reliance on anyone’s memory.
Insurance Payments After Liability Under Fla. Stat. § 767.04
When Fla. Stat. § 767.04 puts responsibility on the dog’s owner, the payout usually comes from a homeowners or renters liability policy rather than the owner’s personal funds.
Insurance handling can also affect the percentage-fault fight built into § 767.04, because recorded statements, broad medical authorizations, and casual texts can get repurposed into arguments that you provoked the dog, ignored a warning, or overstated the injury.
Keep communications short and factual, then let photos and medical records carry the details.
The Statute of Limitations for Dog Bite Cases Under Fla. Stat. § 95.11
Florida law sets deadlines for starting a dog bite case, and Fla. Stat. § 95.11 contains two time limits that can apply depending on the theory tied to the bite.
Two Years for Negligence Cases: Fla. Stat. § 95.11(5)(a)
Fla. Stat. § 95.11(5)(a) gives two years for “an action founded on negligence,” meaning the owner failed to use reasonable care and the failure led to the bite.
Four Years for Statute-Based Cases: Fla. Stat. § 95.11(3)(e) and Fla. Stat. § 767.04
Florida’s dog bite statute, Fla. Stat. § 767.04, creates statute-based liability, in other words the statute itself creates the owner’s responsibility for a bite in a public place or a bite on private property when you had a lawful right to be there, even without proving the owner acted negligently. Fla. Stat. § 95.11(3)(e) lists a four-year deadline for “an action founded on a statutory liability,” which lines up with a case brought under § 767.04.
Using the Two-Year Statute is Best
Dog bite cases do not always stay neatly inside one box, so planning around the two-year negligence deadline protects you if the case gets framed in part as negligence.
Damages Available in a Florida Dog Bite Case
Florida’s dog bite statute makes the dog’s owner liable for the damages a bite causes. (Fla. Stat. § 767.04)
Financial Losses and Out-of-Pocket Costs
Damages in a dog bite case can cover:
- Past medical bills and future medical treatment tied to the bite.
- Lost income and reduced earning ability if work became harder or impossible.
Medical costs can start with urgent care or the ER, then expand into follow-up visits, antibiotics, wound care, specialist consults, scar management, or surgery when tissue damage runs deeper than the surface.
Lost income can cover missed shifts and forced time off for appointments, and reduced earning ability can apply when a bite leaves lasting limits, especially with hand injuries that affect grip, dexterity, or strength.
Scarring, Disfigurement, and Pain-Related Damages
Damages in a dog bite case can cover:
- Scarring, disfigurement, and the cost of revision procedures.
- Pain, mental distress, and the daily disruption that follows a serious bite.
Scar-related damages tend to rise when a bite affects the face, hands, or other highly visible areas, and childhood bites can raise longer-term issues because scars can change as a child grows.
A stronger damage picture comes from specific medical documentation, photos that show progression, and work records that explain missed time and limitations.
Evidence Rules That Affect a Dog Bite Case in Florida (Fla. Stat. Ch. 90)
Florida’s dog bite statute sets the liability rule, and Florida’s Evidence Code controls what proof can be used to support it.
Relevance and Admissibility Standards Under §§ 90.401 and 90.402
Photos, video, messages, and records help when they tie directly to the points already covered under § 767.04, and §§ 90.401 and 90.402 give the basic filter: the evidence needs to prove or disprove a material fact, then it can get admitted unless another rule blocks it.
Animal Control Records and Other Government Records Under § 90.803(8)
Animal control documentation can carry a lot of weight because it sits in a government file, and § 90.803(8) contains the public-records exception that can allow certain public records into evidence even with hearsay concerns.
Practical Takeaway Without Repeating the Statutes
Evidence should map to the element in dispute, so the best documents usually answer a narrow question: where the bite happened, why you had a right to be there, who had custody or control of the dog, and what the medical records say about the injury.
Putting Florida’s Dog Bite Statutes to Work
Florida’s dog bite statutes leave you with a short checklist that drives liability: Fla. Stat. § 767.04 for public place versus lawful presence, Fla. Stat. § 767.11 for who counts as an “owner” when custody or control changed hands, Fla. Stat. § 767.12 when a dangerous dog classification enters the picture, and Fla. Stat. § 95.11 for the deadline that controls whether you can bring the case at all. Reading those sections against your facts can show whether the dispute turns into a fight about permission, signage, identity, dangerous dog status, or timing, and that clarity helps you decide what evidence you still need.
If you were bitten by a dog in Florida, call the Florida dog bite lawyers of Lesser, Landy, Smith & Siegel, PLLC at (561) 655-2028 to talk through whether Florida dog bite laws apply to your situation and whether you have a case.
