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Animal Bite Representation

Miami Animal Bite Attorney

Dog bite and animal attack claims under Florida’s strict liability statute. Direct attorney representation across South Florida.

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Florida holds dog owners strictly liable for a bite. Under Fla. Stat. § 767.04, no prior bite or owner knowledge is required. A first-time bite from a dog with no history is enough to establish liability.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Three Elements of a Bite Case

How Animal Bite Cases Are Built

Florida’s strict liability standard removes the biggest hurdle most states impose, but a case still turns on ownership, location, and the narrow defenses available to the owner. Each layer requires proof developed from day one.

LAYER 01

Ownership & Lawful Presence

The victim must show the defendant owned the dog and that the bite happened in a public place or somewhere the victim was lawfully present. No proof of the owner’s knowledge is required.

LAYER 02

Available Defenses

Trespassing, a valid “Bad Dog” sign, and comparative fault are the real defenses that come up. Each is narrower than owners typically assume.

LAYER 03

Damages & Coverage

Medical costs, scarring, and lost wages are developed alongside the insurance picture, since most claims are paid through a homeowners or renters policy.

Three Florida Frameworks

Three Statutes That Define These Cases

Animal bite cases in Florida operate under specific statutory frameworks that differ from ordinary negligence claims. Strict liability, comparative fault, and the filing deadline all matter from day one.

§
767.04 / Strict Liability

The Dog Bite Statute

An owner is liable for a bite in a public place or anywhere the victim is lawfully present, regardless of the dog’s history or the owner’s knowledge.

50
% / Comparative Bar

HB 837 Modified Comparative

Florida is a modified comparative negligence state. A finding of more than 50 percent victim fault bars recovery entirely.

2
Years / Statute of Limitations

Filing Deadline

Florida’s general personal injury statute of limitations applies. Missing the deadline generally bars the claim permanently.

Immediate Steps

What to Do Right After a Bite

The steps taken in the hours after a bite affect both immediate health and any later claim.

01

Get Medical Care First

Seek medical attention right away, even for a bite that looks minor. Bites carry real infection and rabies risk, and a doctor creates the medical record a later claim depends on.

02

Report It to Animal Control

Reporting the bite creates an official record and starts the process of checking the dog’s vaccination status.

03

Identify the Dog and Owner

Get the owner’s name, address, and contact information, along with the dog’s vaccination history if it is available.

04

Document the Injury

Photograph the injury as soon as possible, then continue documenting it as it heals. Keep every medical bill and record from the visit.

Plaintiff & Defense Representation

Both Sides of Animal Bite Claims

The firm represents injured victims pursuing claims and dog owners defending claims. The strategy differs on each side, but the underlying preparation is the same.

Pursuing a Claim

Victim Representation

  • Ownership and lawful presence documentation
  • Rebuttal of the “Bad Dog” sign defense where it does not apply
  • Homeowners and renters insurance identification and notice
  • Medical documentation and scarring evaluation
  • Landlord liability analysis where applicable
  • Comparative fault rebuttal
Defending a Claim

Owner Representation

  • Sign defense and provocation analysis
  • Trespassing and lawful presence challenges
  • Comparative fault development
  • Insurance coverage and policy exclusion review
  • Damages challenges and causation analysis
  • Settlement evaluation and negotiation strategy
Common Animal Bite Cases

Types of Animal Bite Claims

Animal bite cases vary by animal, location, and the relationship between the parties. The legal framework shifts accordingly.

Case Type
Legal Framework
Key Issues
Dog BiteStrict Liability
Fla. Stat. § 767.04
No prior bite or owner knowledge required. Sign defense, trespassing, and comparative fault are the available defenses.
Non-Bite Dog InjuryStrict Liability
Fla. Stat. § 767.01
Being knocked down or otherwise injured by a dog, separate from an actual bite. Same strict liability standard applies.
Other Animal AttacksOrdinary Negligence
Common Law
Cats and other animals fall outside the strict liability statute. The victim must show the owner knew or should have known of the risk.
Landlord LiabilityPremises-Adjacent
Common Law
A landlord who knew a dangerous dog was on the property and failed to act can face liability separate from the owner’s strict liability.
Dangerous Dog CasesPam Rock Act
Ch. 767, Fla. Stat.
Cases where the dog has been or should be classified as dangerous under Florida’s overhauled classification system.

Summary of common Florida animal bite case types. Each case turns on the specific facts, the animal involved, and the available insurance coverage.

Case Approach

How an Animal Bite Case Gets Built

Animal bite cases move differently than ordinary negligence claims because strict liability removes the fault fight, but that does not make them simple. The insurance picture, the sign defense, and the severity of the injury shape how the case resolves.

Establishing Ownership and Presence

The core proof is straightforward: who owned the dog, and was the victim in a public place or lawfully present. Animal control reports, witness statements, and the owner’s account typically settle ownership quickly. Lawful presence becomes the more contested issue when the bite happened on private property under ambiguous circumstances.

Strict liability removes the fault fight. It does not remove the insurance fight, and that is where most animal bite cases are won or lost.

The Insurance Picture

Most dog bite recoveries are paid through the owner’s homeowners or renters insurance, not out of the owner’s pocket. Identifying the correct policy, checking for breed or bite-history exclusions, and understanding the policy limit relative to the injury shapes case strategy from the start. A severe injury against a low policy limit is a different case than a moderate injury against a well-insured owner.

Testing the Sign Defense

Owners frequently assume a posted warning sign protects them. The statute requires the specific words “Bad Dog,” prominently displayed, and the defense fails completely for a victim 6 or younger or where the sign itself was posted carelessly. Photographing the actual sign, its placement, and its condition is often decisive in defeating a weak version of this defense.

Damages and Resolution

Medical treatment, scarring evaluation, and any psychological impact are documented alongside lost wages and future care needs for severe injuries. Cases resolve when the insurer sees clear liability, well-documented damages, and a case prepared for trial if a fair settlement is not offered.

Common Questions

Frequently Asked Questions

Do I have to prove the owner knew the dog was dangerous?
No. Florida’s strict liability statute, Fla. Stat. § 767.04, does not require proof that the owner knew or should have known the dog was dangerous. Ownership, a bite, and the victim’s lawful presence are the core elements, and none of them depend on what the owner was thinking or aware of beforehand.
Does a “Beware of Dog” sign protect the owner?
Not necessarily. The statute’s defense requires the specific words “Bad Dog,” prominently displayed and easily readable. A generic “Beware of Dog” sign does not meet that standard by itself. The defense also fails completely for a victim 6 or younger, and it can fail if the sign itself was posted carelessly, such as somewhere an approaching visitor would not reasonably see it.
What if I was bitten while trespassing?
Trespassing is one of the few real defenses available to a dog owner under Florida law. The statute protects people in public places or lawfully present on private property, not people who did not have a legal right to be there.
Can a landlord be responsible for a tenant’s dog bite?
Sometimes. A landlord who knew a dangerous dog was on the property and failed to act can face liability in some circumstances, separate from the strict liability the dog’s owner carries under the statute.
Is there a deadline to file an animal bite claim in Florida?
Yes. Florida’s general personal injury statute of limitations applies, giving a victim a limited window to file suit. Missing that deadline generally means losing the right to pursue the claim entirely, regardless of how strong the underlying facts are.
Does homeowners insurance pay for a dog bite claim?
Often, yes. Most standard homeowners and renters policies include personal liability coverage that extends to dog bites, typically between $100,000 and $300,000. Coverage is not guaranteed, though. Some policies exclude specific breeds, exclude a dog with a known bite history, or exclude dog bites entirely, and severe injuries can exceed the policy limit. The specific policy in place at the time of the bite controls what is available.
Is Miami-Dade’s pit bull ban still in effect?
No. Miami-Dade County had been the only county in Florida with an active pit bull ban, in place since 1989. A 2023 state law removed the legal provision that had kept the ban on the books, and it was formally lifted effective October 1, 2023. Homeowners associations and condominium buildings can still restrict specific breeds within their communities, even though the countywide ban is gone.
What if I was partially at fault for the bite?
Florida is a modified comparative negligence state under HB 837. Conduct by the victim that contributed to the bite can reduce recovery, and more than 50 percent victim fault bars recovery entirely. Provoking the dog is the most common version of this defense.
My child goes to the University of Miami and was bitten by a dog. Can I get help from out of state?
Yes. Parents calling from out of state for a college-age child injured near campus are common, and consultations can be handled by phone before anyone travels to Florida. The same attorney who takes that first call handles the case through resolution.
What does it cost to hire an animal bite attorney?
Animal bite cases are typically handled on contingency for victim representation: the attorney is paid a percentage of the recovery only if there is a recovery. There is no upfront fee. See the Contingency Fee Guide for the complete breakdown.
Related Practice Areas

Related Personal Injury Matters

Animal bite cases frequently overlap with other personal injury areas. Each related practice carries a distinct framework.

Premises Liability

Unsafe property conditions and negligent maintenance claims, often overlapping with bites that happen on someone else’s property.

Learn More →

Serious Injury Cases

Catastrophic injuries with permanent scarring, disfigurement, or future medical care needs from a severe attack.

Learn More →

Insurance Disputes

Coverage denials and undervaluation when a homeowners or renters carrier refuses to pay fair claim value.

Learn More →

Personal Injury

For cases that span multiple categories or where the case posture requires broader personal injury strategy.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Animal bite cases turn on early documentation, the insurance picture, and testing whatever defense the owner raises. Initial consultations are free and confidential, with no obligation to retain. Calling early usually creates more options than calling late.

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