Florida dog bite claims: owner liability and “Bad Dog” signs

Florida does not require proof of a prior bite.

Section 767.04 states that a dog owner is liable for damages suffered by a person bitten in a public place or while lawfully in a private place, including the dog owner’s property. The rule applies regardless of the dog’s former viciousness or the owner’s knowledge of that viciousness.

That means a person bringing the statutory claim generally does not have to prove a previous attack or show that the owner already knew the dog was dangerous. The identity of the owner, the location, lawful presence, causation, damages, and any statutory defense still need to be established.

A guest, worker, or visitor may be lawfully on private property.

The statute treats a person as lawfully on the owner’s private property when the person is performing a duty imposed by Florida law or federal law or postal regulations, or when the person is there by the owner’s express or implied invitation.

The reason for being on the property can therefore matter. Preserve messages, delivery records, work orders, appointment details, photographs, and witness information that show why the injured person was present and which areas the person was permitted to enter.

The injured person’s negligence can reduce the owner’s liability.

Section 767.04 provides that negligence by the person bitten reduces the dog owner’s liability when that negligence was a proximate cause of the incident. The reduction is based on the percentage that the injured person’s negligence contributed to the bite.

An allegation that the person provoked, approached, handled, or failed to avoid the dog is not automatically decisive. Video, witness accounts, the dog’s restraint, the owner’s instructions, the injured person’s conduct, and the sequence of events can affect whether any percentage of fault is supported.

A “Bad Dog” sign is not an automatic defense in every case.

The statute contains a warning-sign provision. It says the owner is not liable under section 767.04 when, at the time of the injury, the owner displayed in a prominent place on the premises an easily readable sign containing the words “Bad Dog.”

The provision has important exceptions: it does not protect the owner against a claim by a person under age 6, and it does not apply when the damages were proximately caused by the owner’s negligent act or omission. Section 767.04 also says its remedy is cumulative with other remedies provided by statute or common law, so a sign should be evaluated in the context of all potentially applicable claims.

Document the dog, location, warning, and injuries promptly.

Photograph the dog if it can be done safely, the exact location, gates, fences, doors, leashes, warning signs, lighting, sightlines, and any torn or bloodied clothing. Record the owner’s information, the dog’s description, witness contacts, and the identity of any responding animal-control or law-enforcement agency.

Seek appropriate medical care and retain medical records, bills, photographs showing how the injury changes over time, and proof of missed work or other losses. Ask the appropriate authorities about vaccination information rather than attempting to approach or restrain the dog. Video and physical conditions can change quickly, so preservation should begin as soon as safely possible.

Common questions