What Palm Beach County Victims Should Know
Dog attacks can happen anywhere in Palm Beach County. A friendly neighborhood walk, a visit to a friend’s home, a child playing in a backyard.
When a dog bites, the physical injuries are often just the beginning. Medical bills pile up. Scars may last a lifetime. And victims are left wondering whether they have any legal recourse against the dog’s owner.
At Bill Bone Law Group, we’ve represented dog bite victims in West Palm Beach and throughout Palm Beach County for over 25 years, helping them understand their rights.
You May Need This Article If:
- You or a loved one were bitten by a dog in West Palm Beach or Palm Beach County.
- You’re unsure whether you can sue because the dog had never bitten anyone before.
- A child in your family was attacked and you don’t know who can file a claim on their behalf.
- You’re dealing with the dog owner’s insurance company and aren’t sure of your legal options.
If you or someone you love has been injured in a dog attack, 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.
What Is a Strict Liability Dog Bite Claim in Florida?
Florida is not a “one free bite” state. Under Florida Statutes § 767.04, dog owners face strict liability for bite injuries. This means an owner can be held responsible even if the dog has never shown aggression and the owner had no reason to believe the animal was dangerous.
The statute makes clear that an owner is liable “regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”
To establish a claim, a bite victim must show three things: (1) the defendant is the dog’s owner, (2) the dog bit the victim, and (3) the bite occurred while the victim was in a public place or lawfully on private property.
The law defines “lawfully on private property” to include persons performing a duty imposed by law (such as mail carriers) or those present by the owner’s express or implied invitation.
Florida’s strict liability laws can be complex. To better understand how these rules apply to your specific situation, feel free to call us for a brief conversation
Florida’s Strict Liability Dog Bite Law You Should Be Aware Of
In Florida, the legal landscape regarding animal attacks is designed to prioritize victim protection through a standard known as strict liability. Unlike states that follow a “one free bite” rule – where an owner might escape liability if their dog had no prior history of aggression- Florida dog bite laws hold owners accountable from the very first incident.
Under Florida Statutes § 767.04, an owner is liable for damages if their dog bites someone in a public place or while the victim is lawfully on private property, regardless of the animal’s past behavior.
However, while the law leans heavily in favor of the victim, it is not an absolute guarantee of full compensation. The final recovery amount can be significantly impacted if the bitten person’s negligence contributed to the incident.
Because Florida follows a modified comparative negligence system, the court will examine the actions of such a person to determine if they played a role in provoking the animal or ignoring clear warnings.
How Dog Bite Cases Arise in Palm Beach County
Palm Beach County’s residential neighborhoods, parks, and outdoor spaces create countless opportunities for interactions between people and dogs. A child was invited to a neighbor’s backyard party. A delivery driver is approaching a front door.
A guest visiting a friend’s home. In each scenario, if a dog bites, the victim is typically considered lawfully present, and the owner’s lack of prior knowledge about the dog’s aggression generally does not defeat liability under Florida law.
Defenses Available to Dog Owners
Defenses Available to Dog OwnersStrict liability doesn’t mean automatic full recovery. Florida law provides owners with specific defenses.
The “Bad Dog” Sign Defense: Under F.S. § 767.04, an owner is generally not liable for a bite occurring on the owner’s premises if a prominently displayed, easily readable sign including the words “Bad Dog” was posted.
This defense has two exceptions: (1) it does not apply when the victim is a child under age six, and (2) it does not apply if the owner’s negligent act or omission proximately caused the injury.
Comparative Negligence: If the victim’s own negligence contributed to the bite, the owner’s liability is reduced by the victim’s percentage of fault. Under Florida’s modified comparative negligence system, a victim found more than 50% at fault is completely barred from recovering any damages.
Trespassing: Because the statute applies only when a person is in a public place or lawfully on private property, someone trespassing at the time of the bite generally cannot use the strict liability statute.
Navigating these legal defenses shouldn’t be your burden while recovering. For an honest assessment of your case and to see if you are entitled to recovery, feel free to call us.
Claims Involving Children
Children bitten by dogs have the same strict liability protections as adults, with one notable advantage. The “Bad Dog” sign defense does not apply to children under age six. Even when an owner has posted the required warning sign, they may still be held liable if a young child is bitten on their premises.
The procedural aspects differ from an adult’s claim. A child cannot prosecute a lawsuit alone. Florida’s civil procedure rules require a minor to appear through an appropriate representative, such as a parent, guardian, or guardian ad litem.
Can I File a Lawsuit in Florida?
Yes. The filing deadlines depend on the legal theory involved. Strict liability claims under F.S. § 767.04 generally must be filed within four years of the incident under F.S. § 95.11(3)(e).
Negligence claims, which may arise when suing a party other than the owner, must generally be filed within two years under F.S. § 95.11(5)(a). If a dog attack results in death, wrongful death actions must be filed within two years of the date of death under F.S. § 95.11(5)(e).
Because a single incident can involve multiple defendants and different legal theories, the safest approach is to treat the shortest deadline as the applicable one until an attorney reviews the facts of your case.
If you’re dealing with the aftermath of a dog bite and aren’t sure where to start, we’re here to help. You can reach our team to get your questions answered.
What About Non-Owners?
Strict liability under F.S. § 767.04 applies specifically to the legal owner. Florida courts have noted that the statute is silent regarding “keepers” or “custodians.”
A non-owner, such as a dog walker or kennel, may not face strict liability under the statute, but they may be held liable under common law negligence principles if they failed to use reasonable care or knew of the dog’s dangerous tendencies.
Landlords are not automatically liable for a tenant’s dog. But liability may arise when 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.
Strict liability applies whether the bite happens in a public park or on private property. However, if the attack occurred in a shared residential area, there may be additional factors to consider regarding landlord negligence. For more details, read our guide on liability for dog bites at Florida apartment complexes.
The “Dangerous Dog” Designation and Your Right to Recovery
Beyond the standard strict liability law, Florida maintains a specific dangerous dog statute (F.S. § 767.12) designed to address animals with a documented history of aggression.
A dog may be legally classified as a dangerous dog if it has previously bitten or caused severe injury to a human, or if it has killed a domestic animal while off the owner’s property.
Once this classification is finalized, the owner must comply with rigorous safety protocols, such as keeping the animal in a secure enclosure and using a muzzle and leash whenever the dog leaves the owner’s property.
If you are involved in a biting incident with a dog that was already classified as dangerous, your ability to seek compensation is often significantly strengthened. Evidence of a prior classification serves as proof that the owner was fully aware of the animal’s tendencies.
In such personal injury cases, an owner’s failure to follow the statutory containment rules can be used to demonstrate gross negligence, which may even open the door for punitive damages in your personal injury claim.
Navigating the Legal Path to Compensation
When an aggressive dog causes harm, the path to recovery involves more than just proving a bite occurred. A victim must often file a dog bite lawsuit against the owner’s insurance provider, typically through a homeowner’s or renter’s insurance policy.
Because Florida’s strict liability rule covers nearly all bite scenarios, the primary focus of your personal injury attorney will be documenting the full extent of your damages, including:
- Medical Expenses/Costs: Emergency room visits, plastic surgery for scarring, and physical therapy.
- Income Loss: Wages lost during recovery and potential future loss of earning capacity.
- Non-Economic Damages: Compensation for pain, suffering, and emotional trauma.
If you have suffered a severe injury, consulting with a Florida dog bite lawyer is a critical step in ensuring that the insurance company does not undervalue your long-term needs. A dog bite injury lawyer can investigate whether the dog had been previously flagged by animal control, ensuring every available legal avenue is explored.
What to Do Next
If you or a family member has been bitten, take these steps to protect your health and legal rights. Seek medical attention immediately, as dog bites carry serious risks of infection and scarring.
Document everything by photographing your injuries, the location, and any signage on the property. Identify the dog and its owner, since determining legal ownership is essential for a strict liability claim.
And consult an experienced personal injury attorney before speaking with insurers, who work for the dog owner’s insurance company and aim to minimize payouts.
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 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 against Florida’s strict liability dog bite law.
