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Miami dog bite lawyer

Strict liability, the sign that usually does not work, and the report that makes the record

Florida has no "one free bite" rule. Under Fla. Stat. § 767.04 a dog owner is liable for a bite in a public place, or where the bitten person was lawfully in a private place — including the owner’s own property — regardless of whether the dog had ever bitten anyone before and regardless of what the owner knew. The owner has two real defenses: the bitten person’s own negligence reduces recovery by their share of fault, and a prominently displayed, easily readable sign bearing the words "Bad Dog" is a defense, except against a child under 6 and except where the owner’s own negligence caused the damages. In Miami-Dade a bite is reported to Animal Services through the county’s Animal Bite Report, and the county publishes a dashboard of reported bite and potential rabies exposure incidents built from those reports. The statute is explained in full on the Florida dog bite page. What follows is the Miami-Dade County part.

Free case review Miami (305) 662-4323
Miami-Dade County crashes, 2024
60,000Florida Department of Highway Safety and Motor Vehicles
People injured
29,359In Miami-Dade County alone, in one year
People killed
272Down from 325 the year before
Prior bites required
NoneLiability applies regardless of the dog’s former viciousness. § 767.04

Quick answers about Miami dog bite claims

Does it matter that the dog never bit anyone before?
No. Section 767.04 applies regardless of the dog’s former viciousness or the owner’s knowledge of it. Florida is a strict liability state for dog bites.
I was bitten on the owner’s property. Does that end it?
Not if you were lawfully there — which includes being on the owner’s express or implied invitation, or performing a duty imposed by law or postal regulations. The statute names the owner’s own property specifically.
There was a "Bad Dog" sign. Is the case over?
Not necessarily. The sign defense fails against anyone under 6, and it fails where the owner’s own negligent act or omission proximately caused the damages. It also has to have been prominent and easily readable, and to carry those words.
Who actually pays?
Usually homeowner’s or renter’s insurance. The claim is against the owner, and the policy is what responds — which is why identifying the owner and the policy early matters more than almost anything else.
Should I report it?
In Miami-Dade, yes — through the county’s Animal Bite Report to Animal Services, and the county says all bite cases should also be referred to the Florida Department of Health in Miami-Dade at 305-324-2400.
What if the bite was provoked?
Comparative fault applies: if your own negligence was a proximate cause, recovery is reduced by your percentage. Provocation is also one of the things that bars a dangerous dog classification under § 767.12.
How long do I have?
Two years for a negligence claim accruing on or after March 24, 2023. The shorter practical deadlines are the report and the medical record, both of which are made in the first days or not at all.

01 The law, once

Which Florida laws apply to a Miami dog bite claim

The rules are the same across Florida, so they are written out in full on one page rather than repeated here. They are explained on the statewide dog bite page, with the statute text linked.

Florida does not give a dog one free bite. Fla. Stat. § 767.04 makes the owner liable for a bite in a public place, or where the bitten person was lawfully in a private place including the owner’s own property — and it says so regardless of the former viciousness of the dog or the owner’s knowledge of it.

Two things cut against that. If the bitten person’s own negligence was a proximate cause, liability is reduced by their percentage of fault. And an owner who displayed an easily readable sign including the words "Bad Dog" in a prominent place is not liable — except to a person under 6, and except where the damages were proximately caused by the owner’s own negligent act or omission.

Lawfully present is defined, not assumed. It covers someone performing a duty imposed by state or federal law or by postal regulations, and someone there on the owner’s invitation, express or implied. The deadline is two years.

What follows is the part that is specific to Miami-Dade County — where these claims arise, where you will be treated, which courthouse the case goes to, and how the records are obtained.

02 Where it happened

Where dog bite claims arise in Miami-Dade County

Nearly every one of these turns on one question before any other: where the bitten person was standing, and whether they were entitled to be there. The statute answers it in a sentence, and most people get it wrong.

  • A public sidewalk or streetA public place under § 767.04. No question about whether you were entitled to be there.
  • The dog owner’s own propertyCovered, so long as you were lawfully there — the statute names it specifically.
  • A front door, mid-deliveryA duty imposed by law or postal regulations, or an implied invitation. Squarely inside the statute.
  • A neighbor’s yard, as a guestExpress or implied invitation, which is what lawful presence means here.
  • Apartment complex common areasThe owner under § 767.04, and potentially the property on ordinary premises principles.
  • Parks and trails across the countyPublic places, where the usual dispute is identifying the owner before they leave.
  • Kendall, Westchester and the suburban westFenced single-family yards, where gates and containment are the recurring question.
  • Hialeah, Little Havana and the dense neighborhoodsSmaller lots and shared walkways, where a dog reaches the sidewalk easily.

03 The statute

Why Florida does not give a dog one free bite

The phrase people have heard — that a dog gets one free bite — is not Florida law, and has not been for a long time.

Section 767.04 makes an owner liable for damages to a person bitten while in a public place, or while lawfully on or in a private place, including the property of the owner. And it says that liability applies regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

That last clause is the whole difference between Florida and the states where a victim has to prove the owner knew the dog was dangerous. Here, a dog with a spotless history and an owner who genuinely had no reason to worry still produces liability.

"Lawfully" is defined rather than left to argument. The statute covers a person performing a duty imposed by state or federal law or by postal regulations — which is why a mail carrier, a meter reader or a delivery driver is squarely inside it — and a person who is there on the owner’s invitation, express or implied.

What it does not cover is a trespasser. Somebody on the property with no invitation and no legal duty to be there is outside the statute, and a claim would have to be built on ordinary negligence instead.

04 The sign

The "Bad Dog" sign defense, and the two holes in it

This is the defense owners reach for, and it is narrower than they think.

Section 767.04 says an owner is not liable, except as noted, if at the time of the injury the owner had displayed in a prominent place on the premises an easily readable sign including the words "Bad Dog." Three requirements sit in that sentence: prominent placement, easy readability, and those particular words.

Then the exceptions. The sign does not protect the owner against a person under the age of 6. And it does not protect the owner where the damages were proximately caused by a negligent act or omission of the owner.

The second exception does most of the work. A gate left open, a leash that was never used, a dog let out while a delivery was being made, a known containment failure — any of those is a negligent act or omission, and where it caused the bite the sign stops mattering.

So the sign is worth photographing immediately, along with where it was and what it said. Whether it was prominent and easily readable is a question of fact, and the answer changes once somebody moves it.

05 Reporting it

How a bite is reported in Miami-Dade County, and why the report is the case

The report is the only contemporaneous record that exists, and in these cases it usually identifies the dog, the owner and the address.

In Miami-Dade, bites are reported to the Animal Services Department through the county’s Animal Bite Report, with 311 as the general line. The county states that all animal bite cases should also be referred to the Florida Department of Health in Miami-Dade, at 305-324-2400. Miami-Dade also publishes an animal bite and potential rabies exposure dashboard, and says plainly that it is powered by the data people submit through that report form.

A report can also start a separate process. Under § 767.12 the animal control authority investigates incidents involving a dog that may be dangerous, and anyone seeking a dangerous classification must give a sworn affidavit. The authority decides whether there is sufficient cause, gives the owner written notice of the finding, and the owner has 7 calendar days to request a hearing in writing — which is then held no sooner than 5 days and no later than 21 days after the request. No timely request, and the determination becomes final.

Two things bar a classification, and both mirror the civil defense: where the bitten person was unlawfully on the property or was tormenting, abusing or assaulting the dog, its owner or a family member, and where the dog was protecting a person from an unjustified attack.

Seek medical attention the same day either way. Puncture wounds close over and get infected, and the medical record made in the first forty-eight hours is what establishes the injury months later.

06 Who pays

The policy behind the claim, and why finding it comes first

The claim is against the owner. What pays is almost always a homeowner’s or renter’s policy.

So the identity of the owner is the first fact to pin down, with the address, and whether they own or rent. A tenant’s renter’s policy and a landlord’s policy are different things, and in some situations both are worth looking at.

Expect exclusions. Some policies exclude particular breeds, cap animal liability at a figure well below the policy limit, or exclude animals entirely. That is a reason to get the declarations page rather than take a verbal answer about coverage.

Where the bite happened in an apartment complex common area, there can be a second claim entirely — against the property owner, on ordinary premises principles, where management knew about a dog and did nothing. That is a different defendant with a different policy.

And do not sign anything early. An adjuster who offers to cover the emergency room bill before anyone knows whether the wound needs revision is settling a case that has not been evaluated.

07 Examples of situations

Situations this office sees in Miami-Dade County

The following are examples of the kinds of situations that arise in this county. They are illustrations of how the rules apply, not descriptions of past cases, and they do not predict any outcome. Every claim turns on its own facts, its own coverage and its own medical record.

  • Bitten on a public sidewalk

    Squarely inside § 767.04, with no question about lawful presence.

  • A delivery driver bitten at a front door

    Performing a duty and there by implied invitation — inside the statute.

  • A child bitten at a friend’s house

    A "Bad Dog" sign is no defense at all against anyone under 6.

  • A bite in an apartment complex common area

    Potentially two claims: the owner under § 767.04, and the property on premises principles.

  • A dog that got out through an open gate

    The owner’s own negligent act or omission, which also defeats the sign defense.

  • A bite the owner says was provoked

    Comparative fault reduces rather than bars, and provocation is defined narrowly in § 767.12.

08 The evidence

Evidence that exists here and often goes uncollected

Almost every camera that saw the crash overwrites itself within days or weeks. The difference between a disputed liability case and a straightforward one is usually whether someone asked for the footage while it still existed.

  • Photographs of the wound, dated

    Before and after cleaning, and again as it heals or scars.

  • The bite report

    The contemporaneous record naming the dog, the owner and the address.

  • A photograph of any sign

    Where it sat, what it said, and whether it was legible from where you stood.

  • The owner’s name, address and phone

    And whether they own or rent, which decides whose policy responds.

  • The rabies vaccination record

    Requested early, before it becomes a dispute.

  • Medical records from the first 48 hours

    Puncture wounds get infected, and the early chart establishes the injury.

  • Witness names and numbers

    Neighbors move and memories fade inside a month.

  • The declarations page

    Breed exclusions and animal sublimits are common and are not disclosed verbally.

09 The report

What to do in the first week

Photograph everything while it is unchanged: the wound before and after cleaning, the location, the fence or gate, and any sign — including where it sat and whether it was legible from where you stood.

Report the bite to Miami-Dade Animal Services through the county’s Animal Bite Report, and expect the case to be referred to the Florida Department of Health in Miami-Dade at 305-324-2400 as well.

Get the owner’s name, address and phone, and the dog’s rabies vaccination record. If a neighbor saw it, get a name and number then rather than later. And keep every piece of paper the hospital gives you, because the first bill and the first chart are what the claim is measured from.

10 The office

Where the Miami office is, and how to get there

DAPENALAW is at 5975 Sunset Drive, Suite 102, South Miami, FL 33143, open Monday to Friday, 08:30 to 17:00. The direct number is (305) 662-4323.

The office is on Sunset Drive in South Miami, a few blocks west of US-1 and close to the South Miami Metrorail station, with parking on site. A first conversation can happen by phone or video, and home and hospital visits are available when someone cannot travel.

You do not have to come in. The first conversation can be by phone or video, documents are handled electronically, and where an injury makes travel difficult the meeting happens where you are. The Sunset Drive office serves Miami-Dade generally, and most often South Miami, Coral Gables, Westchester, Kendall, Coral Terrace, Olympia Heights, West Miami, Sweetwater, Glenvar Heights, Pinecrest, Palmetto Bay, Cutler Bay, Coconut Grove, Little Havana, Hialeah and Doral.

More about the Miami office · All three offices

Miami dog bite questions, answered

Does the dog get one free bite in Florida?

No. That rule exists in some states; Florida is not one of them.

Fla. Stat. § 767.04 makes the owner liable for a bite in a public place, or where the person was lawfully in a private place including the owner’s own property, and it applies regardless of the former viciousness of the dog or the owner’s knowledge of it.

So a dog with no history at all, and an owner with no reason to expect anything, still produces liability.

I was bitten on the owner’s own property. Can I still claim?

Yes, if you were lawfully there — and the statute names the owner’s property specifically.

Lawful presence covers a person performing a duty imposed by state or federal law or by postal regulations, which takes in mail carriers, meter readers and delivery drivers, and a person there on the owner’s invitation, express or implied.

A guest, a friend, a contractor doing work, a neighbor who was asked to come over — all ordinarily inside it. A trespasser is outside it, and that claim would have to be built on ordinary negligence.

There was a "Bad Dog" sign. Does that end my claim?

Often not, and the exceptions are broad.

Section 767.04 gives the owner a defense where, at the time of the injury, they had displayed in a prominent place on the premises an easily readable sign including the words "Bad Dog."

But that defense does not apply to a person under the age of 6. And it does not apply where the damages were proximately caused by a negligent act or omission of the owner — an open gate, an unused leash, a dog let out during a delivery.

Whether the sign was genuinely prominent and easily readable is also a question of fact, which is why it should be photographed before anyone moves it.

The owner says I provoked the dog. What happens?

Provocation does not end a Florida claim by itself; it reduces it.

Section 767.04 says that if the bitten person’s negligence was a proximate cause of the incident, the owner’s liability is reduced by the percentage of fault attributable to that person.

Separately, § 767.12 bars a dangerous dog classification where the person was unlawfully on the property or was tormenting, abusing or assaulting the dog, its owner or a family member — or where the dog was protecting someone from an unjustified attack. Those are defined situations, not a general accusation.

How do I report a bite in Miami?

Through the Miami-Dade Animal Services Department, using the county’s Animal Bite Report. The general line for Animal Services is 311.

The county also states that all animal bite cases should be referred to the Florida Department of Health in Miami-Dade County, at 305-324-2400.

Those reports are not only paperwork: Miami-Dade publishes a dashboard of animal bite and potential rabies exposure incidents, and says it is powered by the data individuals submit through the bite report.

Report it even if you also intend to make a claim. The report is usually the only contemporaneous record identifying the dog, the owner and the address.

What is a dangerous dog classification, and does it help my claim?

It is an administrative process run by the animal control authority under § 767.12, separate from any civil claim.

The authority investigates, and anyone seeking the classification must provide a sworn affidavit. If it finds sufficient cause it gives the owner written notice, and the owner has 7 calendar days to request a hearing in writing — held no sooner than 5 and no later than 21 days after the request. Without a timely request the determination becomes final, and a final order can be appealed to circuit court.

A dog that killed a person, or whose bite scored 5 or higher on the Dunbar scale, must be confiscated immediately.

It does not decide the civil case, but it produces an investigated record, and that record is useful.

Who pays a dog bite claim?

Usually a homeowner’s or renter’s insurance policy. The claim is against the owner personally, and the policy is what responds.

That makes identifying the owner — name, address, and whether they own or rent — the first practical step, because it decides which policy is even in play.

Expect exclusions. Some policies exclude particular breeds, cap animal liability well below the policy limit, or exclude animals entirely, and none of that is reliably disclosed over the phone. The declarations page is the document that answers it.

It happened in an apartment complex. Is that different?

It can produce a second claim rather than a different one.

The dog’s owner is liable under § 767.04 as anywhere else. Separately, where the property owner or management knew about a dangerous dog on the property and did nothing, there may be a premises claim against them — a different defendant with a different policy.

Which of those is worth pursuing depends on what the complex knew and when, and that is established from complaints, work orders and the property’s own records.

What should I do in the first week?

Photograph the wound before and after it is cleaned, and keep photographing as it heals or scars. Photograph the location, the fence or gate, and any sign.

Report the bite, get medical attention the same day, and get the owner’s name, address and phone along with the dog’s rabies vaccination record.

Collect witness names and numbers while people are still nearby, and keep every piece of paper the hospital gives you.

How long do I have to bring a claim?

Two years for a negligence claim accruing on or after March 24, 2023, under Fla. Stat. § 95.11.

The deadlines that bite first are shorter and informal: the report, the photographs and the medical record are all made in the first days or not at all.

What does it cost?

The first conversation costs nothing and commits you to nothing.

Injury cases are handled on a contingent attorney’s fee, meaning no attorney’s fee unless there is a recovery. Case expenses are governed by the written representation agreement, including who pays them if there is no recovery.

Who will actually handle my case?

Jose A. Dapena. You deal with your attorney directly at every stage rather than through an intake department or a case manager.

He has practiced in Florida since 1998, Florida Bar number 152358. A dog bite claim is a coverage question wrapped around a strict liability statute, and the early work is finding the owner and the policy.

11 Keep reading

This page is general information about Florida law, not legal advice about your case. Published by Jose A. Dapena, P.A. Last updated October 2026.

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