Florida Dog Bite Lawyer

Florida law holds dog owners accountable for injuries caused by their pets, even if the dog has no prior history of aggression. Dog bites often result in significant physical harm, emotional trauma, and financial strain from medical bills and lost wages.

At Lesser, Landy, Smith & Siegel, we represent those injured by dog bites, building winning cases to pursue the compensation needed to cover medical care, rehabilitation, lost income, and other damages. Our team investigates every detail to prove liability and fights to secure outcomes that reflect the true impact of your injuries.

The Florida Strict Liability Standard

Dog bite cases in Florida follow a strict liability principle. This principle appears in Florida Statute 767.04, which specifies that the owner of a dog is typically responsible for damages if the person bitten is in a public place or lawfully on private property. This does not hinge on proof that the animal showed past aggression and creates a broad path to recover costs for medical bills, lost income, and other harm.

Key Points about Strict Liability in Florida

No Need to Show Prior Aggression: A dog owner cannot argue ignorance of the dog’s temperament to escape liability. If a bite took place while a person was lawfully present, Florida law usually places responsibility on the owner.
Exceptions and Comparative Fault: If the victim teases or provokes the dog, or if the person bitten was trespassing, the law may apply comparative fault principles. A final recovery could be reduced based on the degree of shared blame as long as it isn’t more than 50%, in which case the victim wouldn’t be eligible for recovery under the law.
Prominent Warning Signs: When a dog owner has a clear and readable sign on the premises that includes the words “Bad Dog,” liability may be limited unless the injured person is under six years of age or the owner’s acts contributed to the bite in some other way.

Have you been injured in
a Dog Bite?”

Injuries Sustained in a Dog Bite

Dog bites often break the skin and introduce harmful bacteria. A serious bite might lead to puncture wounds, nerve damage, or scarring that requires specialized treatment. Cuts around hands, arms, and the face may leave long-term impairments or visible scarring. Surgical intervention can become necessary for repair of deep wounds or damaged tendons.

Medical professionals look at more than the wound itself. Infections such as rabies, MRSA, tetanus, or Capnocytophaga can arise if a bite is not treated quickly. Florida’s warm climate can exacerbate infection risks when humidity and heat contribute to bacterial spread.

Examples of Injuries

Lacerations and Tissue Damage

Deeper tears to skin and muscle can demand stitches, tissue grafts, or ongoing wound care. Recovery may require multiple visits to health providers, along with pain management.

Nerve Complications

A bite can cause tingling or numbness in the affected area, and certain nerves may not fully recover. That can affect daily activities or the ability to complete job-related tasks.

Fractures or Dislocations

Large breeds can exert significant force. Hand and wrist fractures may occur when someone attempts to fend off a dog. Facial fractures can happen if a dog jumps and clamps onto a person’s head or face.

The specific injuries from a dog bite determine how attorneys approach the case. For example, nerve damage or disfigurement may require input from medical specialists to illustrate the lasting physical and emotional effects. Infections or fractures involve gathering detailed records to show how treatment disrupts routines, limits mobility, or impacts work ability. Every legal decision ties back to the unique harm caused, building a case that reflects the true impact of the injury on your life.

Emotional and Psychological Effects

A dog bite triggers more than physical trauma. Many people can develop a lasting fear of dogs or a generalized anxiety. Children, especially, can carry memories of a frightening event for years. Mental health care sometimes becomes necessary, and psychological damages can be part of our compensation request.

Potential Psychological After-Effects

Post-Traumatic Stress – Recurrent nightmares, panic attacks, and flashbacks that result from the bite.
Emotional Distress – Ongoing reluctance to visit places where dogs may be present, leading to social or professional challenges.
Self-Esteem Concerns – Permanent scarring can lead to body image issues, affecting personal and workplace interactions.

Florida’s Statute of Limitations

Florida’s personal injury statute of limitations time limit applies to any lawsuit seeking compensation for a dog bite in Florida. Under most circumstances, an action must be brought within two years. Victims who wait beyond that window face dismissal of the case without consideration of the facts.

Exceptions or Special Circumstances

Minors: If the person bitten is under the age of 18, the statute does not begin to run until the child reaches age 18, though certain rules may adjust the timeline.
Incapacity: A person who lacks the capacity to file could get an extension.
Wrongful Death: In the event that a dog bite leads to loss of life, a two-year limit may govern any lawsuit filed by survivors.

Our experienced dog bite attorneys can explain how statutes apply to a specific case.

Financial Recovery After a Dog Bite

Persons bitten by a dog can seek payment to cover the financial and personal losses connected to the attack. Losses can be wide-ranging, depending on the nature of the bite, the extent of treatment, and the psychological toll.

Medical Expenses

Emergency services, surgeries, rehabilitation, and prescription medications can add up quickly. A deep bite might involve blood transfusions, tissue grafts, or long-term physical therapy. Even minor punctures can require regular dressing changes and antibiotic medication.

Lost Wages or Reduced Earning Potential

Time away from work disrupts income. Workers who handle manual or physical tasks may be out longer if the bite affects their ability to lift or move effectively. In certain cases, the injuries can have permanent ramifications, meaning a person might need to switch jobs or take fewer work hours. Recovery can address those losses and future ones.

Pain, Suffering, and Mental Anguish

Compensation for emotional strain and ongoing mental challenges is possible. A severe bite can lead to a lasting fear of animals, flashbacks, or difficulties sleeping. Some victims face months or years of therapy to cope with the emotional damage and potential disfigurement.

Scarring and Disfigurement

Facial bites or other visible injuries carry social and professional hurdles. Plastic surgery is often expensive, and insurance coverage might not stretch far enough to address all reconstructive procedures. Damages can include the anticipated costs of such procedures.

Long-Term Care

Permanent disability can require medical devices, home modifications, or a personal aide. If a dog bite leaves a person unable to drive or complete basic tasks, the financial impact over time can be significant. Those future costs are considered when the value of a dog bite case is decided.

Our attorneys focus on linking specific injuries to measurable losses. They use things like medical records, employment data, and expert evaluations to calculate the costs of care, lost income, and future expenses. The severity of injuries influences the evidence needed, from neurological assessments for nerve damage to projections for long-term care. Precision in building the case allows us to pursue compensation that reflects the full impact of the injury on your life and financial stability.

Dog Owner Responsibilities Under Florida Law

Florida’s dog bite statute places a clear obligation on owners to keep their animals under control. Private property owners are encouraged to post warnings if a dog is known to be dangerous. Owners who allow a pet to roam outside a secure enclosure risk liability if an attack takes place. A fence, leash, or other method can be used to restrict a dog’s freedom of movement.

Common Defenses from Owners

Provocation: Arguing that the person bitten teased, struck, or taunted the dog.
Trespassing: Claiming that the person bitten had no right to be on the property.
Comparative Fault: Attempting to assign part of the blame to the victim.

Our attorneys address these defenses through clear fact-gathering. Witness accounts, medical records, and expert opinions shed light on who bears the majority of responsibility.

Key Steps to Take After a Dog Bite

Seek Medical Care – Immediate evaluation by a healthcare provider helps prevent infection and offers key documentation of injuries. Wound pictures, X-rays, and test results will be important later.
Gather Information – Names and contact details from any witnesses, along with photographs of the dog, the location, and the injuries, can fill in gaps during a future claim. Written notes about the events leading up to the bite also help.
Call Animal Control or Local Authorities – A formal report allows officials to check if the dog has up-to-date vaccinations. Animal Control might require the owner to follow guidelines that limit further attacks.
Retain Records – Copies of hospital bills, medication receipts, and written doctor instructions paint a full picture of the physical harm. Keeping a diary of pain levels and other symptoms shows how the bite affected everyday life.
Avoid Social Media Pitfalls – Insurance adjusters often examine social media to see if the injuries are less severe than claimed. Photographs or posts that show a person engaged in strenuous activities right after a bite could undercut a claim.

Building a Winning Case

A dog bite claim rests on proof that the owner bears financial responsibility. Under Florida’s strict liability law, that is usually straightforward. However, owners and their insurers may challenge the severity of injuries, or they may attempt to show partial fault on the part of the person bitten.

Documenting the Injury

Photographic evidence from the emergency room or urgent care visit is valuable. Written notes from first responders and medical professionals confirm the seriousness of the wounds. Receipts for medications and visits to specialists reveal out-of-pocket expenses.

Witness Statements

Bystanders at the scene can describe the dog’s behavior prior to the bite, as well as actions taken by the owner. A reliable statement may outline whether the dog was off-leash, whether signs were posted, or whether the dog had bitten someone in the past.

Animal Control or Police Records

An Animal Control officer might have personal knowledge that a particular dog caused trouble before. Police reports might also note if the dog’s owner attempted to hide the animal’s aggression. That type of evidence can strengthen arguments in negotiations or in front of a jury.

Expert Opinions

A medical professional can testify about the level of harm caused by the bite and expected future care. A psychologist or counselor can address any mental health challenges. On rare occasions, an animal behaviorist might speak to a dog’s propensity for aggressive actions.

Insurance Negotiations and Court Actions

Insurers may offer a quick settlement if there is clear proof of fault. That initial offer might not reflect the extent of pain, lost wages, and therapy needs. A formal court action can become necessary if an insurance carrier refuses to pay a fair amount. An experienced attorney evaluates whether the offer on the table meets the client’s current and future needs.

Why Florida Law on Dog Bites Differs from Other States

Florida’s strict liability approach departs from the “one-bite rule” in states that require evidence of past aggression. Advocates in Florida can reference the straightforward statutory language, which speeds up the process of assigning responsibility. A dog owner who tries to claim “I never knew my dog would do that” generally faces a difficult argument in court under Florida’s framework. Because of this, most dog owners and their insurers usually take claims more seriously from the outset.

Handling a Dog Bite Alone vs Hiring an Attorney

Some people try to handle a dog bite on their own, only to find that insurance carriers can be aggressive in offering minimal payment. A qualified attorney with experience in Florida dog bite cases:

Collects essential evidence from medical providers and law enforcement
Manages discussions with the owner’s insurance adjuster
Outlines a realistic timeline for possible resolutions
Ensures that the claim follows Florida’s statutory deadlines
Focuses on building a compelling account of the impact that the bite has had on daily life

An attorney has the ability to explain local court procedures, guide you in responding to insurer inquiries, and leverage relationships with medical or vocational experts who can support a thorough analysis of the injuries. All of this gives greater potential for compensation that reflects the full impact of your injury.

Frequently Asked Questions About Florida Dog Bites

Is a Florida dog owner always responsible?

Strict liability governs Florida dog bites. If a dog bites someone lawfully on the property, the owner is generally accountable. Exceptions might exist, for example if the victim instigated the dog or trespassed.

Does homeowner’s insurance cover dog bite claims?

Many homeowner’s insurance policies include coverage for dog bite liability, though some exclude certain breeds or place limits on the extent of coverage. A personal umbrella policy might offer additional funds if the base policy runs out.

What if the dog’s owner is a family friend or neighbor?

Personal connections do not negate the reality of medical bills and lost wages. Many people choose to file a claim against the insurance policy, which minimizes direct conflict with a friend or neighbor.

Do I need to prove negligence by the owner?

Negligence can be relevant if the dog did not actually bite but caused harm in another way, such as knocking someone down. For bites, though, Florida statute imposes liability in most scenarios without needing to prove the owner’s negligence.

What if the person bitten is partly at fault?

Florida’s Comparative fault law reduces the potential recovery. If a court assigns 25% responsibility to the person bitten, the final damage award is reduced by 25%. If you are found to be more than 50% at fault, you can’t recover any damages.

Lesser, Landy, Smith & Siegel’s Approach in Florida Dog Bite Cases

Lesser, Landy, Smith & Siegel has represented Floridians for decades in personal injury matters. The firm’s dog bite lawyers practice locally and bring an in-depth knowledge of area courts. That familiarity with judges, local rules, and the habits of insurers increases clarity about the likely path of each case.

Key Benefits of Working with Lesser, Landy, Smith & Siegel

Hands-On Assistance
An attorney will communicate directly about how Florida Statute 767.04 applies, along with any issues related to proving fault.
Detailed Case Reviews
Gathering all medical records, photographic evidence, witness statements, and official reports to construct a robust claim package.
Negotiation Skills
Attorneys skilled in settlement discussions who strive for the best possible recovery, taking into account future medical care or therapy.
Trial-Ready Background
A willingness to file in court when insurers decline to pay a reasonable sum.

Florida’s Dangerous Dog Regulations

Florida Statute 767.12 addresses “dangerous dogs,” meaning animals that have severely injured a person or another domestic animal. Owners with a dog that falls under this classification have to meet strict requirements. If they fail to comply, a future bite can lead to more enhanced penalties. This is different from ordinary dog bite cases, where strict liability already applies.

For someone injured by a known dangerous dog, the presence of an official “dangerous” designation can aid the case. Insurance carriers might be more inclined to settle quickly if the dog is already on record as dangerous.

Florida Dog Bite Claims Involving Children

Children are common targets for dog bites because of their smaller size and tendency to put their faces close to the animal. Florida law protects minors who are under six years of age from certain defenses. For example, the presence of a “Bad Dog” sign on private property may not shield the owner if a small child is bitten, since children cannot read or even comprehend the implications of the warning.

Parents should document any medical appointments, counseling visits, and academic disruptions caused by the event. A detailed and complete record ensures that any final recovery covers the full range of expenses, including emotional harm.

Potential Punitive Damages

Florida law allows punitive damages in specific cases, generally when the dog’s owner showed a reckless disregard for public safety. An example might be an owner who repeatedly let a dangerous dog run loose. A court may choose to award an additional sum aimed at punishing the owner’s willful disregard. This type of damage is not typical but can apply in severe scenarios.

Avoiding Common Pitfalls After a Dog Bite

Delaying Medical Assessment: When someone waits too long to see a doctor, it can be harder to show that the dog bite caused the injuries.
Trusting the Insurance Company’s First Offer: Insurance adjusters often propose a lower payment in the early stages. Agreeing too soon can leave the injured person without sufficient funds for future treatments or missed work.
Not Documenting the Mental Component: Mental anguish after a dog bite can be just as debilitating as physical harm. Therapists, counselors, or social workers offer evaluations that serve as objective proof of emotional impact.
Discussing Too Much Online: Posts on social media can lead insurers to question the severity of a bite. Even pictures unrelated to the event can be misconstrued.

Working with Medical Experts

A dog bite claim relies heavily on medical evidence and our team works with many experts. For example, orthopedic surgeons might explain how a jaw bite caused fractures, plastic surgeons might address the prognosis for scarring, and infectious disease specialists might speak to antibiotic treatments. Experts can bolster the case and speak to the total effect on a person’s health.

Working with a Local Attorney

A Florida-based attorney knows the local court practices and has relationships with local experts. An attorney with a proven track record handling dog bite cases can share successful methods and identify pitfalls that inexperienced claimants might miss.

Direct Advantages

Knowledge of Area Judges and Insurance Tactics: Certain insurers might be more open to settlement discussions when they recognize that the attorney on the other side is comfortable heading to court.
Local Reputation: A firm known in the county or circuit may have a network of professionals, including medical providers and accident investigators, who offer prompt assistance.
Personal Interaction: Scheduling face-to-face meetings can build confidence. A local attorney can also conduct site visits to the property where the bite happened.

Contact Lesser, Landy, Smith & Siegel

Reaching out to Lesser, Landy, Smith & Siegel PLLC puts you in touch with a team that has guided Florida residents through challenging dog bite cases for decades. The firm invests personal attention in every client. A no-obligation consultation provides a clear picture of possible outcomes, including potential financial recovery, necessary medical consultations, and legal strategies that fit your unique circumstances. Let us fight for justice on your behalf. Call (561) 655-2028 today or send us an email to set up a free consultation and start your path to recovery.

Florida Dog Bite Lawyer