State laws › FL
Dog bite law in Florida: what you have to prove, and who pays
- Framework Strict liability
- Covers Bite only
- Damages Full damages available
Strict liability for bites, with two defenses that are unusual enough that most Florida claimants have never heard of either.
The rule
- The dog's history does not matter.
Section 767.04 makes the owner liable for a bite whether or not the dog had ever shown aggression, if you were in a public place or lawfully on private property.
- The statute spells out who is lawfully on private property.
It includes anyone there performing a duty imposed by Florida law or by United States postal regulations, and anyone there by the owner's invitation, express or implied. Mail carriers, delivery drivers and invited guests are covered.
- A posted sign can end the claim.
If the owner had displayed a sign in a prominent place on the premises, easily readable, including the words "Bad Dog," the owner is not liable — with one exception. The sign defense does not apply when the person bitten is under 6 years old.
- Your own negligence reduces what you recover.
Any negligence on your part that proximately caused the incident reduces the owner's liability by your percentage of fault.
Worth knowing
Check for a "Bad Dog" sign before you spend time on a Florida claim. Photograph the property if you can. This is the first thing an insurer will look for and it is the most commonly missed fact in Florida bite cases.
Who the claim is actually against
In most Florida bite claims the money comes from the dog owner's homeowners or renters liability coverage rather than from the owner personally. Liability limits commonly run from $100,000 to $500,000, and the coverage usually follows the dog off the property. Policies routinely exclude specific breeds or dogs with a documented bite history, which is the single most common reason an otherwise good claim goes nowhere.
How homeowners coverage works in a bite claim →
Florida recorded the second-highest number of dog-related injury claims in 2025 at 2,347.
The deadline
There is a filing deadline in Florida and it is shorter than most people expect. It can be shortened further if a city, county or state entity is involved, and it can be extended if the injured person is a minor. The general personal injury period is commonly cited as 2 years (Fla. Stat. § 95.11(4)(a) — shortened from 4 years by HB 837 for causes accruing on or after March 24, 2023), but do not rely on that figure — including from this page — without confirming the date that applies to your facts with a lawyer licensed in Florida.
What to do next
If the injury was treated and is healing, there is no lasting scarring, and nobody is disputing what happened, this is the kind of claim most law firms will not take — and the kind you can often handle yourself. The Claim Kit covers it end to end.
If a child was bitten, there is scarring anywhere visible, you needed surgery or a specialist, there is nerve damage, you are still in treatment, or the insurer is denying coverage, talk to a lawyer before you sign anything.
Last reviewed August 2026 · Corrections welcome