Florida's Strict Liability Statute (Section 767.01)
Florida Statute Section 767.01 establishes a strict liability standard for dog bite injuries. Under this law, the owner of a dog that bites any person while such person is in a public place, or lawfully in a private place (including the property of the owner), is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.
This statute is one of the strongest dog bite laws in the country and was enacted to protect victims from bearing the financial burden of injuries caused by someone else's animal. Unlike many other states, Florida does not follow a "one-bite rule" that would require the victim to prove the dog had previously bitten someone.
The statute applies to bites that occur both in public places and on private property, provided the victim was lawfully present at the location where the bite occurred.
What Strict Liability Means for Dog Bite Victims
Strict liability significantly benefits dog bite victims because it eliminates the need to prove the dog owner was negligent. In a strict liability state like Florida, you do not need to show that the owner knew the dog was dangerous, failed to restrain the dog, or was otherwise careless.
To recover compensation under Florida's strict liability statute, you generally need to establish:
- A dog bite occurred and caused injuries
- The defendant owned or harbored the dog
- You were in a public place or lawfully on private property when the bite occurred
This streamlined approach to liability allows victims to focus their case on the extent of their injuries and the compensation they deserve, rather than getting bogged down in proving the owner's fault.
Comparative Negligence Defense
While Florida's strict liability statute strongly favors dog bite victims, there is an important exception. Under Section 767.04, if the negligence of the person bitten contributed to the incident, the owner's liability is reduced by the percentage of fault attributed to the victim.
Dog owners and their insurance companies frequently raise comparative negligence as a defense. Common arguments include that the victim provoked the dog, ignored posted warning signs, or was trespassing at the time of the bite.
- Provocation: If the victim teased, tormented, or abused the dog, the owner's liability may be reduced or eliminated
- Warning signs: A prominent "Bad Dog" sign displayed on the owner's property may reduce the owner's liability for bites occurring on that property
- Trespassing: If the victim was unlawfully on the property, the strict liability statute may not apply
Damages Available in Dog Bite Cases
Dog bite victims in Florida may be entitled to recover a wide range of damages depending on the severity of their injuries. Our attorneys work to ensure that every aspect of a victim's losses is accounted for and pursued.
Compensation available in dog bite cases may include:
- Medical expenses: Emergency room visits, surgeries, reconstructive procedures, medications, and ongoing treatment
- Lost wages: Income lost during recovery, as well as diminished future earning capacity
- Pain and suffering: Physical pain, emotional distress, anxiety, and post-traumatic stress
- Scarring and disfigurement: Compensation for permanent scarring, especially facial injuries
- Property damage: Damage to personal property during the attack
If you or a loved one has been bitten by a dog in Florida, contact Roselli & McNelis for a free consultation. Our attorneys have the experience to navigate Florida's dog bite laws and fight for the full compensation you deserve.