June 22, 2026
Dog bites are more serious than people expect. A bite that seems minor at the scene can produce significant medical complications, permanent scarring, and lasting psychological effects, particularly in children. Florida’s dog bite law is among the most straightforward in the country when it comes to establishing liability, but navigating the insurance process and building a claim that reflects your actual losses requires understanding how the system works.
Here’s what you need to know if you or a family member has been bitten or attacked by a dog in Florida.
Florida’s Strict Liability Rule
Most states require an injury victim to prove the dog owner knew their dog was dangerous before holding them liable. Florida does not.
Under Florida Statute 767.04, a dog owner is strictly liable for damages caused by their dog biting someone who was in a public place or lawfully in a private place at the time of the bite. Strict liability means you don’t have to prove the owner knew the dog was aggressive or had bitten anyone before. The bite itself establishes liability.
The only significant defenses available to a dog owner under Florida’s strict liability rule are that the victim was trespassing, or that the victim provoked the dog. If you were on public property, in a park, on a sidewalk, or on someone else’s property with permission, and you didn’t provoke the animal, the owner is liable for your injuries.
This is a more victim-favorable rule than most states apply, and it simplifies the liability analysis considerably compared to car accident cases where fault is often disputed.
What “Lawfully on Private Property” Means
The strict liability rule extends to bites that happen on the dog owner’s property when the victim was there lawfully. That includes guests, delivery drivers, mail carriers, utility workers, and anyone else with explicit or implied permission to be there.
A mail carrier bitten while delivering mail to someone’s front door is lawfully on the property. A friend visiting for dinner is lawfully on the property. A child who walked into a neighbor’s yard uninvited is a closer question, particularly if the child was young enough that the concept of trespassing doesn’t apply.
If there’s any question about whether you were lawfully present when the bite occurred, that’s a factual issue an attorney evaluates early.
Comparative Negligence and Provocation
Florida’s modified comparative fault rule applies to dog bite cases just as it does to car accidents. If the victim’s own conduct contributed to the bite, their recovery is reduced by their percentage of fault.
Provocation is the most common defense dog owners raise. If the victim teased the dog, cornered it, startled it, or otherwise triggered an aggressive response, the owner may argue the victim provoked the attack and bears partial or complete responsibility.
Children are the most frequent dog bite victims, and provocation arguments in cases involving young children require careful analysis. Courts generally consider what a reasonable child of that age would have done, not what a reasonable adult would have done. A five-year-old who reaches toward a dog isn’t held to the same standard as an adult who deliberately antagonizes an animal.
Types of Injuries and Why They Matter
Dog bites produce a specific injury profile that differs from other personal injury cases.
Puncture wounds and lacerations are the most immediate injuries. Depending on the dog’s size and the location of the bite, tissue damage can be extensive. Bites to the face, neck, and hands are particularly serious because of the complexity of the structures involved and the visibility of any resulting scarring.
Infection risk is significant. Dog bites introduce bacteria into deep tissue. Infections that aren’t treated promptly can become serious, including cellulitis, sepsis, and in severe cases osteomyelitis if bone is involved. Rabies post-exposure prophylaxis may be required if the dog’s vaccination status is unknown.
Scarring and disfigurement are among the most significant long-term consequences, particularly for facial bites. Florida law recognizes significant and permanent scarring as a recoverable non-economic damage. Photographs documenting the progression of wounds from the day of the attack through the healing process are essential.
Nerve damage can produce numbness, weakness, or chronic pain in the affected area, particularly with bites to the hands, arms, or face.
Psychological injuries are common, especially in children. Post-traumatic stress disorder, phobias related to dogs, sleep disturbances, and anxiety are legitimate and compensable damages. Consistent mental health treatment starting close in time to the attack creates the record needed to support these claims.
Who Pays: Homeowner’s and Renter’s Insurance
Most dog bite claims are paid through the dog owner’s homeowner’s or renter’s insurance policy. Liability coverage under these policies typically covers dog bite injuries to third parties.
The coverage limits vary by policy. Standard homeowner’s policies often carry $100,000 to $300,000 in liability coverage. Some policies have dog bite exclusions, particularly for breeds that insurers consider high risk. Others exclude specific dogs by name after a prior incident.
Identifying what insurance the dog owner carries is one of the first steps in a dog bite claim. If the owner has no insurance and no assets worth pursuing, the practical recovery may be limited. An attorney evaluates this early so you understand the landscape before investing significant time in a claim.
Some dog bite claims also involve landlord liability when a tenant’s dog injures someone on rental property. If the landlord knew the tenant had a dangerous dog and failed to act, they may share liability alongside the dog owner. This is particularly relevant in apartment and condominium settings.
The Statute of Limitations
Florida’s statute of limitations for dog bite personal injury claims is two years from the date of the bite, the same deadline that applies to car accident claims following the 2023 HB 837 reforms. Missing that deadline ends your ability to pursue the claim regardless of how serious your injuries are.
For cases involving children, the limitations period may be tolled until the child reaches the age of majority, but this varies by circumstance. An attorney should evaluate any case involving an injured minor promptly rather than assuming the deadline is automatically extended.
What to Do After a Dog Bite
Seek medical attention immediately. Even bites that don’t appear serious need to be evaluated and cleaned professionally. Document the wound with photographs before and after treatment.
Report the bite to animal control. In Jacksonville and throughout Duval, St. Johns, and Clay Counties, animal control agencies document reported bites, investigate the dog’s vaccination history, and create a record that supports your claim. That report is also relevant if the dog has bitten before, because prior incidents can affect both the owner’s liability and potential punitive damages.
Get the dog owner’s information: name, address, and insurance information if they’ll provide it. Get the names and contact information of any witnesses.
If the dog’s vaccination status is unknown, work with your treating physician on post-exposure protocols for rabies.
Do not minimize your injuries in conversations with the dog owner or their insurer. Early statements about how you feel are used to reduce your claim later.
Children and Dog Bites
Children under 12 account for a disproportionate share of serious dog bite injuries. They’re smaller, less able to defend themselves, and more likely to sustain facial injuries because of their height relative to the animal.
Dog bite cases involving children require particular attention to long-term damages. Scarring that a child will carry for decades, psychological effects during formative years, and the possibility that reconstructive surgery will be needed as the child grows all factor into the damages calculation in ways that aren’t present in adult cases.
Florida courts apply a different standard to child victims when evaluating contributory conduct. A young child’s behavior around a dog is evaluated in light of their age and developmental stage, not the standard of a reasonable adult.
When the Attack Didn’t Involve a Bite
Florida’s strict liability statute applies specifically to bites. But dogs cause injuries in other ways too: knocking someone down, scratching, or jumping on an elderly or fragile person with enough force to cause a fall.
These non-bite injuries don’t automatically trigger the strict liability standard. Instead, they’re evaluated under general negligence principles, which typically require showing that the owner knew or should have known the dog had a tendency to behave in the way that caused the injury. That’s a higher bar than the strict liability bite standard.
In practice, a large dog with a known tendency to jump on people, owned by someone who failed to restrain it, can still be the basis of a negligence claim. The facts matter.
Talk to an Attorney Before the Insurance Company Gets Ahead of You
Dog bite claims move quickly on the insurer’s side. Homeowner’s insurance carriers are experienced at managing these claims and have adjusters who reach out early to close cases before the full picture of your injuries and damages is known.
Martino & McCabe handles dog bite and animal attack claims throughout Ponte Vedra Beach, Jacksonville, St. Johns County, Duval County, and Clay County. If you or your child has been seriously hurt, the liability question is often clear. The work is in making sure your damages are fully documented and that the settlement reflects what the injuries actually cost.
Call (904) 999-4657 or reach out at consultation@martinomccabe.com for a free consultation.
Michael J. McCabe, is a partner and owner of Martino & McCabe and practices in the areas of personally injury, auto accidents, and premises liability. He is a licensed Professional Engineer and received his Bachelor of Science in Civil Engineering from Florida State University. He earned his Juris Doctor degree from Florida Coastal School of Law in 2005 while continuing to work as a Professional Engineer.