Can I Sue For a Dog Bite In Florida?

an aggressive dog to represent the dog bite attorneys of Howell & Thornhil

Yes, you can sue after you were bitten, attacked, or mauled by a dog. Florida law is clear that dog bite victims can pursue compensation for the cost of their injuries and trauma.  Homeowner’s insurance often fights and refuses to settle.  You may need a lawyer to threaten a lawsuit to secure a settlement or to file the lawsuit.

Our Lakeland dog bite lawyers help Florida dog bite victims and their families use the civil justice system to fight for fair reimbursement. Our neighborly approach combines local knowledge with extensive legal experience to ensure Central Florida families, including those in Lakeland, receive honest answers and effective representation.

Our team will fight for the justice you deserve. Contact Howell & Thornhill, P.A. for a free consultation with our dog bite attorneys.

You Can Sue For a Dog Bite In Florida

Florida law strongly favors dog bite victims by imposing strict liability on dog owners in most cases. This means that, unlike many other types of injury claims where you must prove negligence, Florida dog bite law holds owners responsible for injuries their dogs cause, even if the dog has never bitten anyone before, and even if the owner had no reason to believe the dog was dangerous.

State Law on Dog Owner Liability

Under Florida Statute § 767.04, a dog owner is liable for damages if:

  • Their dog bites another person
  • The victim was in a public place or lawfully on private property (including the owner’s property)

 

An owner cannot claim ignorance of their dog’s aggressive tendencies. The law states that victims can hold the owner liable for damages “regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”

This strict liability standard makes it significantly easier for victims to recover compensation compared to states that require proof of the owner’s negligence or prior knowledge of the dog’s dangerous tendencies. These statutes can provide a strong basis for suing a dog owner or any other party liable for the dog bite in question.

However, the homeowner’s insurance can seek to reduce the amount owed in damages by claiming that the victim was negligent and caused the attack.  This doctrine is called comparative negligence.  It is important to consult a lawyer to secure videos and witness testimony to prove the dog was not “provoked.”

Some More Important Facts About Florida’s Dog Bite Laws

Florida’s approach to dog-bite liability is more protective of victims than that of many other states. Key aspects of Florida dog bite law include:

  • Strict Liability for Bites: As discussed, dog owners are automatically liable when their dog bites someone, regardless of the dog’s history or the owner’s knowledge of aggressive behavior
  • Lawful Presence Requirement: Victims must have been lawfully on the property where the bite occurred, meaning they weren’t trespassing and had permission to be there
  • Provocation Defense: Owners can reduce or eliminate liability if they prove the victim provoked the dog (and this is an argument for which our Lakeland dog bite attorneys fight to disprove)
  • Leash Law Considerations: Many Central Florida communities have leash laws requiring dogs to be restrained in public, and violations of such laws can strengthen a victim’s claim

Owner is responsible if the dog causes harm by knocking the person over even though it did  bite

A dog can cause harm in many ways.  A dog may knock a person down, cause a person to trip, yank a shoulder out of socket, or cause a bicyclist to crash.  The owner is responsible for the harm if the dog caused the injury even if it was not a dog bite.  Florida Statute 767.01 provides the owner is responsible for an injury to a person; the statute does not limit an owner’s responsibility to bites.  

Additional Laws Regarding “Dangerous” Animals

A new Florida Statute, Fl. St. 767.13, imposes additional penalties if the dog who attacks was previously declared “dangerous.”  The penalties include  criminal charges.  The owner of a dog that has been declared “dangerous” must secure extra liability insurance.

Florida law also extends responsibility for a dog’s attack to landlords.  While the landlord is not an owner of the dog, the landlord can be held responsible if they had prior knowledge of the dangerous nature of the dog.

What Damages Are Available in Florida Dog Bite Cases?

When you file a dog bite claim in FL, you can seek compensation for multiple categories of damages, including:

Economic Damages in Dog Bite Cases

Economic damages can be documented using financial records, such as invoices or estimates. A dog bite victim’s economic damages may include the cost of:

  • Attack-related medical care, such as emergency room treatment, urgent care visits, hospitalization, and essential surgical procedures
  • Plastic surgery for severe wounds
  • Prescription medications (including antibiotics to prevent infection, which is one of the most acute concerns for dog bite victims)
  • Physical therapy and other rehabilitative care 
  • Lost wages
  • Diminished earning capacity

 

These verifiable expenses will form the financial foundation of your claim.

Non-Economic Damages in Dog Bite Cases

The most devastating effects of the dog bite are the harms to the person themselves, not just the costs of medical care.  These are non-economic damages:

  • Physical pain from bite wounds and any infections
  • Emotional trauma and psychological distress, likely including fear of dogs
  • Anxiety and post-traumatic stress
  • Permanent scarring or any other types of disfigurement
  • Loss of enjoyment of life
  • Embarrassment or self-consciousness about visible disfigurement
  • Overall decrease in quality of life

For many dog bite victims—especially children and others who suffer facial injuries or develop lasting trauma—these non-economic damages represent the most significant long-term impact of the attack.

Punitive Damages in Certain Cases  

While less common in dog bite cases, Florida courts may award punitive damages when a dog owner’s conduct demonstrates extreme recklessness or intentional disregard for safety. 

This is where a dog’s history of viciousness can be relevant to cases like yours. If an owner knew a dog was dangerous but exposed others to harm anyway, it could be grounds to assign punitive damages.

Liability or homeowner’s insurance will not cover punitive damages.

How Much Is a Dog Bite Case Worth in Florida?

The value of a dog bite claim can fluctuate dramatically based on several factors, such as:

  • The severity of the victim’s injuries
  • Whether the victim suffered lasting disfigurement (and how severe that disfigurement is)
  • Limits of insurance
  • The nature and extent of the victim’s medical needs
  • The strength of evidence and documentation supporting the victim’s case

One of our experienced dog bite attorneys in Lakeland will evaluate your unique case and provide a more reliable, realistic assessment of your damages and case value.

A Critical Question After the Bite: When to Accept a Settlement vs. Going to Trial

If you decide to sue for a dog bite in Florida, one of the most important decisions is whether to accept a settlement offer or proceed to trial. Our dog bite lawyers are experienced in the lawsuit process and can give you a simple explanation of the pros and cons of settling or going to trial. 

Reasons to Consider Settlement

Some common reasons why dog bite victims choose to accept a settlement offer are:

  • Guaranteed Compensation: A settlement provides a certain recovery without the unpredictability that comes with a jury’s decision
  • Faster Resolution: Cases typically settle months or even a year faster than those that go to trial
  • Lower Stress: Avoiding a trial means you won’t need to testify in court or face cross-examination
  • Reduced Costs: Trials typically come with expert witness fees, court costs, and additional expenses
  • Privacy: Settlement agreements can include confidentiality provisions, while trials are public proceedings

The choice whether to settle rests with our clients.  We give expert advice but we are not the boss of our client.  We work for you.

Reasons to Consider Trial

Those who sue after a dog bite might consider going to trial because of:

  • Inadequate Settlement Offers: If the insurance company’s best settlement offer doesn’t fairly compensate you, they may force your hand
  • Disputed Liability: If liable parties blame you for provoking the bite or trespassing, you may receive only a low settlement offer (if any) and need to go to trial in pursuit of fair compensation

 

An experienced dog bite attorney from our team will negotiate aggressively for a fair settlement. We will simultaneously prepare for a trial.  We believe that this approach affords us genuine leverage, so we are not bluffing when we suggest to liable parties that we are ready to go to court. 

How a Dog Bite Attorney from Our Team Can Help Your Case

Hiring an experienced dog bite lawyer in Lakeland means that you do not have to worry about different aspects of your case as it unfolds.

The Investigation (Including Urgent Evidence Gathering)

Our dog bite attorneys conduct thorough investigations that often involve:

  • Obtaining animal control reports 
  • Researching the dog’s history, including prior complaints or attacks
  • Photographing your injuries at various stages of healing
  • Collecting medical records and treatment documentation
  • Interviewing any witnesses who saw the attack
  • Investigating violations of local leash laws or animal control ordinances
  • Documenting the scene where the attack occurred
  • Searching for cameras of the animal’s behavior or the attack itself

Our lawyers have more than 130 years of combined legal experience. We know how pivotal a thorough investigation is to a case’s success, and you will see our urgency in action during this stage of your case.

Dealing with Insurance Companies

Once we understand who is at fault for your dog bite (and who the dog’s owner is), we can determine whether they have any applicable insurance policies. Homeowners’ and renters’ insurance policies typically cover dog bite liability, but insurers often attempt to minimize payouts through tactics like:

  • Claiming you provoked the dog
  • Claiming you were trespassing
  • Disputing the extent of your injuries
  • Offering quick, lowball settlements
  • Delaying the claims process, hoping you’ll accept less or allow the statute of limitations for filing a lawsuit to expire

Our firm will handle all communications with insurance adjusters, virtually eliminating the risk that any insurance company can take advantage of you.

Securing the Compensation We Believe You Deserve

Our firm has represented more than 10,000 clients, including many multi-million-dollar settlements and judgments. We often succeed in negotiations, but we also have Florida Bar board certified trial lawyers who have tried many cases. 

If settlement negotiations fail, your dog bite attorney will prepare and present your case at trial, including:

  • Selecting a favorable jury
  • Presenting medical evidence and expert testimony
  • Cross-examining defense witnesses
  • Delivering compelling opening and closing arguments
  • Advocating for maximum compensation based on the full scope of your injuries

At Howell & Thornhill, P.A., we don’t have a call center, talk to our client’s face to face, and work for the best possible reimbursement for the serious injury.  

Speak With a Lakeland Dog Bite Lawyer Today

Florida law imposes strict deadlines for filing personal injury lawsuits, including dog bite claims. The statute of limitations for Florida dog bite cases is generally two years from the date of the attack for injury claims. 

If you or a loved one has been injured in a dog attack, do not wait to get the legal help you need. With no upfront fees or costs, there is no direct financial risk in hiring us. For your free consultation with our attorneys, contact our law firm online.