Florida Dog Bite Lawyer

Florida holds dog owners responsible without a “first bite”

Kemp Law Group represents people bitten, mauled or knocked down by dogs across Florida, and in Georgia through our Georgia-admitted attorney. Most of our dog bite clients are children, bitten in the face by a dog that belonged to a neighbor, a relative or a friend, and most of the claims are paid by a homeowner’s or renter’s insurance policy rather than by the owner personally. The firm was founded in 2008 by Stacy Kemp Ferrari, has recovered more than $400 million for injured clients, and holds a 4.9-star rating across more than 950 Google reviews. Florida’s dog bite law is one of the strictest in the country, and this page explains how it works, what the owner’s insurer will argue, and what a claim can recover.

Call (727) 847-4878 or contact us online for a free case review. We answer 24/7, and you pay no fee unless we win.

Two Florida statutes, and what each one does

Section 767.04: strict liability for bites

The owner of a dog that bites a person in a public place, or lawfully on private property including the owner’s own, is liable for the damages regardless of the dog’s history and regardless of whether the owner knew it was dangerous. There is no “one free bite” in Florida. “Lawfully on the property” includes anyone there to perform a duty imposed by law or by the postal regulations (mail carriers, meter readers, delivery drivers) and anyone there on the owner’s express or implied invitation. The statute carries two limits. Any negligence by the person bitten that contributed to the bite reduces the owner’s liability by that percentage, consistent with Florida’s comparative negligence rule in section 768.81. And an owner is not liable, except to a child under six, if a sign including the words “Bad Dog” was displayed in a prominent place on the premises and was easily readable. A sign that was not prominent, not legible, or not up on the day of the bite does not qualify, the exception does not apply to bites off the property, and the statute removes it altogether where the owner’s own negligence caused the bite.

Section 767.01: liability for any damage a dog does

The older statute makes an owner liable for damage done by the dog to persons, livestock or other animals, which covers injuries that are not bites: a large dog that knocks an adult down a flight of stairs or a child off a bicycle, a dog that causes a crash by running into traffic, a dog that attacks another dog whose owner is hurt trying to separate them. Florida courts treat it as strict liability as well.

Negligence, and the owner who isn’t the only defendant

A claim can also be brought in ordinary negligence against an owner who failed to restrain a dog known to be aggressive, against a person who had custody or control of the dog (a sitter, a walker, a boarding business), and in limited circumstances against a landlord who knew a tenant’s dog was dangerous and had the ability to require its removal. The dangerous-dog provisions in sections 767.11 through 767.16, which require owners of dogs classified as dangerous by animal control to confine, muzzle and register them, add evidence of knowledge and, where violated, evidence of negligence.

Who pays

Almost always an insurance company. Homeowner’s and renter’s policies cover dog bite liability unless the policy excludes the breed or the particular dog, and most carry $100,000 to $300,000 in liability coverage, sometimes with an umbrella behind it. The owner’s embarrassment about making a claim on a neighbor or a relative is the most common reason a serious bite goes uncompensated, and it rests on a misunderstanding: the owner’s policy exists for exactly this, the owner does not pay out of pocket, and the claim is against the insurer. We handle the conversation with the owner’s carrier so the family relationship does not have to carry it.

Where there is no coverage, the owner is personally liable, and a judgment can be collected over time. Where a business (a boarding kennel, a groomer, a pet store, an apartment complex) had control of the dog or the premises, its commercial policy applies.

What the insurer will argue

• Provocation. That the person bitten teased, cornered or hurt the dog. Under the statute this is comparative negligence, not a complete bar, and it is rarely a serious argument where the victim is a small child.
• Trespass. That the person was not lawfully on the property. The statute’s definition is broad, and a child who wandered into a yard, a guest, or a delivery driver is covered.
• The sign. That a “Bad Dog” sign was posted. We photograph the property immediately, before a sign appears.
• The injury. That the wound was minor. Bite wounds infect, scar and, on a child’s face, require plastic surgery that cannot be finished until the child stops growing, which is why we do not settle a child’s bite case early.

What to do after a dog bite

• Get medical care the same day. Dog bites infect quickly, and the wound needs to be cleaned, closed by someone who understands scarring, and documented.
• Identify the dog and its owner, and ask for proof of rabies vaccination. If the owner is unknown or the dog is a stray, report it to animal control at once; the dog must be quarantined and the vaccination status confirmed, and animal control’s report becomes evidence.
• Report the bite to animal control in any case. Pasco, Pinellas, Hillsborough and Hernando animal services all take bite reports, and a prior report on the same dog is the strongest evidence of knowledge there is.
• Photograph the injuries on the day of the bite and as they heal, and the place where it happened, including any fencing, gate, leash or sign.
• Get witness names, and do not give the owner’s insurer a recorded statement or accept an early payment.

Damages, children’s cases, and the deadline

A dog bite claim recovers medical care past and future, including reconstructive surgery and scar revision; lost wages; and pain and suffering, disfigurement, mental anguish and loss of enjoyment of life. Florida’s no-fault threshold does not apply, so non-economic damages are recoverable from the first dollar. Since 2023, section 768.0427 limits evidence of medical bills to amounts actually paid or owed. A child’s claim is brought by a parent or guardian, settlements above $15,000 require court approval and above $50,000 a guardian ad litem, and the money is protected for the child; we handle the petition and the approval as part of the case.

Deadlines: a negligence claim must be filed within two years of the bite under section 95.11. A claim under the dog bite statute is an action founded on a statutory liability, which may carry a four-year period, but no one should plan around the longer one; treat two years as the deadline. A child’s claim is tolled in some circumstances, but the evidence is not: the dog’s records, the witnesses and the scene are gathered in the first weeks or not at all.

Where we handle dog bite cases

Kemp Law Group represents dog bite victims throughout Florida and in Georgia, from our office at 11567 Trinity Boulevard in Trinity. See our pages for Pinellas, Pasco and Hernando counties; for South Florida, Central Florida, Southwest Florida and North Florida; and for Georgia, whose dog bite law requires proof that the owner knew the dog was dangerous or that it was off leash in violation of a local ordinance. See our case results.

Frequently asked questions about Florida dog bite claims

The dog had never bitten anyone before. Does the owner still have to pay?

Yes. Section 767.04 makes the owner liable for a bite regardless of the dog’s history and regardless of what the owner knew. Florida does not have a “one free bite” rule.

The dog belongs to a friend or a relative. Will they have to pay out of pocket?

Almost never. Homeowner’s and renter’s insurance covers dog bite liability, and the claim is made against the policy. We deal with the insurer so the relationship does not have to.

My child was bitten. How is a child’s case different?

Facial scarring in a growing child cannot be fully treated until the child is older, so the claim includes future reconstructive surgery and is not settled early. Settlements over $15,000 require court approval, over $50,000 a guardian ad litem, and the funds are protected for the child. A child under six is also protected from the “Bad Dog” sign exception.

There was a “Beware of Dog” sign. Does that end my claim?

Not by itself. The statute’s exception requires a sign including the words “Bad Dog,” displayed prominently and easily readable, and it does not apply to children under six, to bites away from the property, or where the owner’s own negligence caused the bite. Whether a particular sign qualifies is a question of fact.

The dog knocked me down but didn’t bite. Is that a claim?

Yes. Section 767.01 makes the owner liable for any damage the dog does to a person, and Florida courts apply it as strict liability. Falls caused by dogs produce fractures and head injuries as serious as any bite.

How long do I have to file?

Two years from the bite for a negligence claim under section 95.11. The statutory claim may carry a longer period, but treat two years as the deadline. Evidence is gathered in weeks.

What does a dog bite lawyer cost?

Nothing up front. We work on a contingency fee within the Florida Bar’s maximum percentages, paid only from a recovery, and we advance the costs of the case. If there is no recovery, you owe no fee.

If you or your child was bitten or injured by a dog anywhere in Florida or Georgia, call (727) 847-4878 or request a free case review online. We answer 24 hours a day, and you pay nothing unless we win.