Dog Bite Lawyer in Miami

Florida has one of the most plaintiff-friendly dog bite statutes in the country. Unlike states that follow a "one bite" rule — where the owner is liable only if the dog had previously shown a propensity to bite — Florida imposes strict liability on a dog owner for damage caused by the dog's bite, even on the dog's very first attack and even if the owner had no reason to believe the dog was dangerous. If you or a loved one has been bitten by a dog in Miami-Dade, Broward, or Monroe County, a Florida dog bite lawyer can help you secure compensation under Florida Statute § 767.04.

Florida Statute § 767.04 — Strict Liability

The statute provides, in relevant part, that the owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner, is liable for damages suffered as a result of the bite, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

The key elements an injured person must prove under § 767.04 are:

• The defendant owned the dog at the time of the bite
• The dog bit the plaintiff (the statute applies to bites only — not to other dog-caused injuries like knock-down)
• The plaintiff was lawfully on the property where the bite occurred (a public place, the owner's property by invitation, or anywhere a person has a legal right to be)
• The plaintiff suffered damages as a result of the bite

Importantly, the statute does not require the plaintiff to prove the dog had bitten anyone before, that the owner knew or should have known the dog was dangerous, or that the owner failed to use reasonable care. Florida has affirmatively rejected the "one free bite" rule.

Statutory Defenses

Section 767.04 provides two narrow defenses for dog owners:

• The "Bad Dog" sign defense. If the owner has displayed in a prominent place on the premises a sign easily readable including the words "Bad Dog," and the bite occurred on those premises, the owner's liability is reduced (though not eliminated) and the comparative-negligence rule applies more strongly. The sign defense does not apply to children under six.
• The plaintiff's own negligence. Florida applies modified comparative negligence (51% bar) to dog bite claims. If the plaintiff provoked the dog or otherwise contributed to the bite by negligent or unlawful conduct, recovery is reduced or barred.

Non-Bite Dog Injuries

Florida's strict-liability statute applies only to bites. If a dog knocks a person down, scares a cyclist into a crash, or otherwise causes injury without biting, the case proceeds under traditional negligence — and the plaintiff must prove the owner knew or should have known the dog was dangerous. These cases are harder than bite cases, but still very much winnable with the right evidence.

Common Miami Dog Bite Scenarios

• Bites in apartment complexes, condos, and rental homes
• Bites at parks, on sidewalks, and in public areas
• Bites at someone's home where the victim was a guest, contractor, or delivery person
• Bites by off-leash dogs in Miami-Dade public areas where leash laws apply
• Bites involving children — particularly serious because of the size differential and the propensity for facial injuries
• Bites by dogs being walked by someone other than the owner
• Postal worker, package delivery, and meter reader bite cases

Insurance Issues

Most homeowner's and renter's insurance policies cover dog bite liability — and homeowner's policies are typically the source of recovery in dog bite cases. Some carriers, however, exclude coverage for specific breeds (often pit bulls, Rottweilers, German Shepherds, and Doberman Pinschers) or for dogs with a prior bite history. We carefully evaluate the available policy language and pursue every coverage theory available.

If the dog owner does not have homeowner's or renter's insurance — common in apartment-complex bites — recovery may be limited to the owner's personal assets, or may be available against the property owner under a negligent-security or premises-liability theory if the property owner knew the dog was dangerous and allowed it on the premises. Florida courts have, in some cases, imposed liability on landlords who knew about dangerous dogs and failed to act.

Damages

Dog bite damages can include:

• Past and future medical expenses, including emergency room treatment, plastic surgery, and rabies prophylaxis
• Reconstructive surgery — many dog-bite victims, particularly children with facial injuries, undergo multiple surgeries over years
• Permanent scarring and disfigurement
• Pain, suffering, and mental anguish
• Psychological treatment for PTSD, often documented in adult victims and especially in children
• Lost wages and earning capacity
• In fatal cases (most often involving children or elderly victims), Florida Wrongful Death Act damages

Statute of Limitations

For dog bite injuries occurring on or after March 24, 2023, Florida's statute of limitations on negligence claims (and statutory dog bite claims) is two years from the date of the bite. Claims by minors may be subject to extended deadlines under Florida's tolling rules.

If you or a loved one has been bitten by a dog anywhere in Miami-Dade, Broward, or Monroe County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.