Summary
Yes! You can sue an apartment complex in Florida if the landlord’s negligence contributed to the attack. While dog owners are strictly liable, a landlord is liable if they had prior knowledge of the dog’s dangerous nature and the authority to remove it, but failed to act.
Can I sue an apartment complex for a dog bite in Florida? Half of all households in West Palm Beach are renters. That means thousands of residents share common areas, walkways, and parking lots with their neighbors and their neighbors’ pets every single day.
When a tenant’s dog attacks someone at an apartment complex, the question of liability becomes complicated. The dog’s owner faces strict liability under Florida law. But what about the landlord or property management company?
At Bill Bone Law Group, we’ve represented dog bite victims in West Palm Beach and throughout Palm Beach County for over 25 years, and we understand that these cases often involve more than one potentially responsible party.
You May Need This Article If:
- You or a loved one was bitten by a dog at an apartment complex in West Palm Beach or Palm Beach County.
- You’re unsure whether the landlord or property manager can be held liable in addition to the dog’s owner.
- The dog owner has no insurance or insufficient coverage, and you need to explore other sources of compensation.
- You’re overwhelmed trying to figure out who is responsible and what deadlines apply.
If you or someone you love has been injured in a dog attack at an apartment complex, you may be entitled to compensation under Florida law. The experienced attorneys at Bill Bone Law Group are ready to fight for your rights. Call us today for a free consultation.
Understanding Liability in Apartment Dog Bite Cases
Understanding Liability in Apartment Dog Bite CasesFlorida’s dog bite statute, Florida Statutes § 767.04, imposes strict liability on dog owners.
If a dog bites someone who is in a public place or lawfully on private property, the owner is liable for damages “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” The owner doesn’t get a free pass just because the dog never bit anyone before.
But strict liability under this statute applies specifically to dog owners. Florida courts have noted that the statute is silent regarding “keepers” or “custodians.”
This distinction matters when the bite happens at a rental property, because the landlord or property management company is not the owner of the dog. They occupy a different legal position entirely.
Can I Sue My Apartment Complex for a Dog Bite in Florida?
While Florida law is famous for its strictness regarding pet owners, holding an apartment complex or management company accountable requires a different legal approach.
If you are injured on rental property, you generally have two paths for recovery: a statutory claim against the owner and a negligence claim against the property owner or manager.
As of July 1, 2025, under the Pam Rock Act (2025) reforms, owners of dogs classified as “dangerous” must carry at least $100,000 in liability insurance.
How Do You Prove a Landlord Was Negligent
To successfully sue an apartment complex, a personal injury attorney must demonstrate that the landlord breached their duty of care. Unlike the dog’s owner, who is held to a standard of strict liability, a landlord is typically only liable if they were negligent. This usually involves proving two key things:
- Prior Knowledge: The landlord knew, or should have known, that a specific tenant was harboring a dangerous dog. This is often established through records of previous complaints, police reports, or evidence of the dog’s aggressive behavior in common areas like hallways or dog parks.
- Ability to Act: The landlord had the legal authority to remove the animal—such as through a “no-pets” policy or a lease provision regarding nuisance animals—but failed to do so before the dog bite incident occurred.
Understanding the Legal Landscape
Under current Florida dog-bite laws, there is a significant distinction between owner liability and premises liability. While Florida Statutes § 767.04 ensures dog bite liability falls squarely on the owner regardless of the animal’s past, a lawsuit against a complex falls under premises liability.
It is also vital to note recent changes in legislation. Following Florida’s 2023 tort reform, the statute of limitations for most negligence-based Florida dog bite cases has been reduced from four years to two years. This makes it critical to contact a dog bite lawyer immediately to preserve evidence and meet filing deadlines.
Bitten in a Florida apartment complex? Don’t wait for the management to ‘look into it.’ Get a free case review now.
Seeking a Fair Recovery
In many cases, an apartment complex is a secondary target for a lawsuit if the dog owner lacks renter’s insurance. A successful dog bite settlement can cover:
- Emergency medical expenses and reconstructive surgery.
- Long-term psychological counseling for trauma.
- Lost wages and reduced earning capacity.
If you have been hurt, don’t navigate the complexities of Florida’s “modified comparative fault” system alone. At Bill Bone Law Group, we understand the complexity of these multi-party disputes and are ready to help you hold every responsible party accountable.
When Can a Landlord Be Held Liable?
A landlord is not automatically liable for a tenant’s dog. To hold a landlord responsible, you generally need to prove negligence. This requires showing that the landlord knew or should have known the dog was dangerous and had the ability to control the dog’s presence on the property, but failed to act reasonably.
The “ability to control” element stems from the landlord’s authority to enforce lease terms. Many leases include pet policies, breed restrictions, or provisions allowing removal of dangerous animals. If a landlord receives complaints about an aggressive dog and does nothing, that failure can form the basis of a negligence claim.
Consider a practical example. A resident reports that a neighbor’s dog lunged at them in the parking lot. Another resident mentions the same dog has been acting aggressively near the mailboxes.
The landlord receives these complaints but takes no action. Weeks later, the dog bites a child. The landlord’s knowledge, combined with their failure to act, could support a negligence claim.
Owner Liability vs. Landlord Liability
| Feature | Dog Owner Liability | Landlord/Complex Liability |
| Legal Standard | Strict Liability (F.S. § 767.04) | Negligence (Premises Liability) |
| Proof Needed | A bite occurred in a lawful place. | Knowledge of danger + Failure to act. |
| Statute of Limitations | 2 Years (for post-2023 incidents) | 2 Years |
| Common Defense | “Bad Dog” Sign / Provocation | “No prior knowledge of aggression” |
How These Cases Arise in Palm Beach County
Palm Beach County’s rental market is substantial. Apartment complexes throughout West Palm Beach and the surrounding areas house families, young professionals, and retirees alike. Shared spaces like pool decks, playgrounds, dog parks, and stairwells become potential sites for incidents.
Florida ranks second in the nation for dog bite insurance claims. In 2024, insurers paid out over $1.5 billion nationwide for dog-related injuries. Many incidents occur in multi-family housing where residents share common spaces.
Can I File a Lawsuit in Florida?
Can I File a Lawsuit in Florida?Yes, and you may have claims against multiple parties. The dog’s owner faces strict liability under F.S. § 767.04, with a four-year filing deadline under F.S. § 95.11(3)(e).
If you’re also pursuing the landlord or property management company for negligence, that claim must generally be filed within two years under F.S. § 95.11(5)(a).
If the attack resulted in death, wrongful death actions must be filed within two years of the date of death under F.S. § 95.11(5)(e).
The dog’s owner faces strict liability under F.S. § 767.04. Learn how Florida’s strict liability law works here, even if the dog has never bitten anyone before
Because a single incident can involve different defendants with different legal theories and different deadlines, the safest approach is to treat the shortest applicable deadline as your filing deadline until an attorney reviews your facts. Evidence like incident reports and witness statements can disappear quickly.
Because these incidents often occur in shared areas such as dog parks or pool decks, determining fault can be complex. You can message our team to get a better sense of how Palm Beach County’s specific regulations impact your situation.
Defenses You May Encounter
Both dog owners and landlords will raise defenses. Under Florida’s modified comparative negligence system, F.S. § 768.81, if you’re determined to be more than 50% at fault for your injuries, you’re barred from recovering anything. Even if your fault is 50% or less, your recovery is reduced by your percentage of responsibility.
Landlords will argue they had no knowledge of the dog’s dangerous tendencies, that they responded appropriately to complaints, or that the attack happened despite their reasonable efforts.
To counter this, a victim must often prove the apartment complex knew about the animal’s history through prior lease violations or written warnings.
They may also argue that they lacked the legal authority to remove the dog or that they have no policy against loose dogs roaming shared hallways.
A common defense involves the landlord claiming they had no reason to suspect a known aggressive dog was living on the property.
The dog owner might also raise the “Bad Dog” sign defense if the bite occurred on their premises and they had posted a prominently displayed, easily readable sign including those specific words.
But this defense doesn’t apply to victims under age six, and it doesn’t protect an owner whose negligent act or omission proximately caused the injury.
What to Do Next
- Seek medical attention right away, as dog bites carry serious risks of infection.
- Document your injuries through medical records, which are essential for any legal claim.
- Understand your legal options early to ensure you don’t miss critical filing deadlines.
- Report the incident in writing to the property manager and request a copy of the incident report.
- Ask whether the dog has been the subject of prior complaints to determine if the landlord had actual knowledge of the risk.
- Photograph your injuries, the location, and any signage.
- Get contact information from witnesses.
- Identify the dog’s owner, which is essential for a strict liability claim, as owners are strictly liable for damages under Florida law regardless of the dog’s past behavior.
- Consult an experienced dog bite lawyer before speaking with insurance adjusters to determine if you can also hold the landlord liable for negligence.
Document your injuries through medical records, which are essential for any legal claim.Ready to Speak With a Lawyer?
Bill Bone Law Group has helped thousands of Florida injury victims seek justice and financial recovery. If you’ve been bitten by a dog at an apartment complex in West Palm Beach or anywhere in Palm Beach County, contact us today for a free consultation and case review.
Call us now at 561-786-7373 to protect your rights.
