Miami and Tampa dog bite lawyer

Florida has no one free bite.

Many states give a dog owner one incident before liability attaches. Florida does not. Section 767.04 makes an owner liable for a bite regardless of the animal’s former viciousness and regardless of whether the owner knew of it.

Free case review Miami (305) 662-4323 Tampa (813) 930-5422

Standard: StrictNo prior history required. Fla. Stat. § 767.04
Where: Public or lawfulPublic places, or lawfully on private property
The sign defense: "Bad Dog"A displayed sign can limit liability — with exceptions
Deadline to sue: 2 yearsFla. Stat. § 95.11, for bites on or after 24 March 2023

01 The statute

Florida dog bite law: strict liability under § 767.04

Section 767.04 imposes liability on the owner of a dog that bites a person in a public place, or lawfully in a private place including the owner’s own property. The absence of any prior aggression is not a defense.

There are two qualifications worth knowing. The owner’s liability may be reduced by the bitten person’s own negligence. And an owner who displays an easily readable sign reading "Bad Dog" may be shielded — except where the person bitten is under six, or where the owner’s negligence caused the bite.

02 What the claim is worth

What a Florida dog bite claim is worth and who pays

Dog bite damages are driven by scarring and disfigurement as much as by the initial wound, particularly with facial injuries and with children. Future surgical revision is a real component and should be valued rather than guessed at.

Recovery almost always comes from homeowner or renter insurance rather than from the owner personally. Some policies exclude particular breeds or exclude animal liability altogether, which is one of the first things to check.

03 Where these cases come from

Miami-Dade

Miami-Dade bites are reported through the county animal services system, and that report is part of the evidence. Claims are filed at the Circuit Court on West Flagler.

The Miami office · Homestead

Hillsborough

Hillsborough bites run through county animal control, whose records on the animal and any prior complaints become part of the file. Filing is at the Circuit Court on East Twiggs Street.

The Tampa office

04 What damages a claim

Not reporting the bite to animal control, which is both a safety step and the record.
Not photographing the wound before it begins to heal.
Settling a child’s facial injury before a plastic surgeon has given an opinion on revision.
Agreeing privately with a neighbor and never finding out what the homeowner policy covered.

Frequently asked questions about Florida dog bites

It was a friend’s dog. Am I really suing my friend?

In practice you are claiming against their homeowner or renter insurance, which exists for exactly this.

The owner is normally not paying out of pocket, and the insurer defends the claim.

The dog knocked me down but never bit me. Is that covered?

Not by § 767.04, which addresses bites. It is still an ordinary negligence claim against the owner for failing to control the animal.

Different statute, same insurance, different proof — you have to show the owner was negligent rather than relying on strict liability.

05 Related matters

The full list is on the personal injury page.

Tell Jose what happened

A free review of your dog bites case, with no obligation, and no fee and no costs unless there is a recovery. English or Spanish, whichever you would rather use. You speak with Jose A. Dapena directly at every stage, not with an intake department — and if there is no claim worth bringing, he will tell you that.

Miami (305) 662-4323 Homestead (786) 900-0184 Tampa (813) 930-5422