If you were bitten by a dog in Florida and your case can’t be settled through homeowner’s insurance, you generally have two years from the date of the bite to file a lawsuit against the dog’s owner. Certain exceptions apply, so confirming your exact deadline with an attorney should be one of your first steps.
Two-Year Deadline
Under Florida Statute § 95.11, your two-year deadline to file a lawsuit starts on the date of the bite. If you were bitten on June 1, 2026, your deadline is June 1, 2028.
As part of your case, you may need to hire an attorney, send a demand letter, and negotiate with the dog owner’s homeowner’s insurance. All of this can take time, but the filing deadline is firm. Keep your two-year date in mind so if you do need to file a lawsuit, you’re not too late.
Exceptions to the Deadline
Most Florida dog bite cases will be restricted to the standard, two-year deadline. There are specific situations, however, that can pause that deadline, change when it starts, replace it with a different timeline, or add procedural steps before filing.
Tolling Exceptions
Tolling pauses the deadline under specific circumstances. Florida Statute § 95.051 lists the few situations that qualify.
Minors
For child victims, the rule under § 95.051(1)(i) is narrower than most law firm websites suggest. Tolling only applies when one of the following is true:
- No parent, guardian, or guardian ad litem is available to sue on the child’s behalf
- An available parent or guardian’s interest conflicts with the child’s
- A parent or guardian has been declared incapacitated by a court
If a parent or guardian is available and can bring the case, the two-year deadline applies from the date of the bite. Florida law also caps any tolling at seven years from the date of the bite under § 95.051(2).
If your child was bitten, the case needs to be filed within two years. Your deadline does not automatically extend until your child turns 18 if a parent or guardian is available to act on their behalf.
Mental Incapacity
Tolling under § 95.051(1)(i) also applies if the victim was declared incapacitated by a court before the bite. The same three conditions from the minors section need to be met, and the seven-year cap under § 95.051(2) still applies.
Incapacity that develops after the bite doesn’t qualify.
Defendant Leaves Florida
Under § 95.051(1)(a), the deadline is paused during any period the dog owner is out of Florida. You can’t serve someone with a lawsuit if they’re not in the state, and this exception precludes someone from taking advantage of that.
If the owner can still be served through public notice or other methods despite being out of state, the pause doesn’t apply.
Fraudulent Concealment by the Owner
If the dog owner deliberately hid their identity or facts about the bite (gave a fake name, denied owning the dog, destroyed records of prior bites), the deadline is paused until you discover the deception.
Proving fraudulent concealment can be difficult. Owners have to do something deliberate to mislead you. Failing to volunteer information doesn’t count. If you could have found out the truth with reasonable effort, the exception doesn’t apply.
Bites by Government-Owned Dogs
If the dog was owned by a city, county, or state agency (a police K-9 or animal control dog, for example), Florida law adds extra steps before a lawsuit can be filed. Under § 768.28(6):
- Written notice has to be sent to the appropriate agency within three years of the bite
- For state agencies, a copy of the notice also goes to the Florida Department of Financial Services
- The government agency has six months to investigate and respond before a lawsuit can be filed
Even in a case with a government agency, the two-year deadline still applies. Notice has to be sent with enough time left to file a lawsuit once the agency’s six-month investigation ends. A case can be dismissed if notice is late, incomplete, or sent to the wrong place.
Property Damage from Dog-on-Dog Attacks
If another person’s dog injured or killed your dog, the case falls under property damage. Pets are personal property under Florida law, and property damage cases have a four-year deadline under § 95.11(3)(k). HB 837 did not change that timeline.
If you were also bitten during the attack while trying to separate the dogs or protect your pet, two deadlines apply to your case. Your personal injury portion has a two-year deadline, and the property damage portion (your dog’s veterinary bills and related losses) has four years.
Wrongful Death from a Dog Bite
If the victim dies from injuries caused by the bite, the case is treated as a wrongful death under § 768.21. Your two-year deadline still applies, but the start date is the date of death rather than the date of the bite.
Multiple Defendants
If more than one party could be at fault for the bite (the dog’s owner, a landlord who allowed the dog on the property, a property manager), each defendant has their own two-year deadline starting from the date of the bite. Settling with one defendant doesn’t pause or extend the deadline for another. If you resolve the case against the dog’s owner at month 18 but haven’t filed against the landlord, you have six months left on the landlord’s deadline.
After the Deadline Passes
If you miss the two-year deadline, you’ve lost your right to sue. A late lawsuit gets dismissed once the statute of limitations is raised as a defense, and you can’t refile. Even if your case would have led to compensation, the deadline still applies unless one of the exceptions covered above fits your situation.
Bites Before March 24, 2023
Before House Bill 837 took effect on March 24, 2023, Florida’s personal injury deadline was four years. HB 837 only changed the deadline for bites that happened on or after that date, so the four-year deadline still applies to bites from before then.
The exact bite date determines whether your four-year window is still open. If you were bitten on March 23, 2023 (the day before HB 837 took effect), your deadline is March 23, 2027. If your bite happened more than four years ago, you will not be able to pursue a case.
All the same exceptions and special cases covered above apply to four-year cases the same way.
Get Help With Your Dog Bite Case
If you’re not sure which deadline applies to your case, our Florida dog bite attorneys can review the facts, confirm your deadline, and tell you whether any of the exceptions covered above apply. Contact us today by calling 833-LAW-LLSS to get started.
