Dog attacks can leave victims with severe lacerations, permanent nerve damage, and lifelong psychological trauma. While some states offer dog owners a legal loophole—often referred to as the “one free bite” rule—Florida law is exceptionally strict. If you are attacked by a dog in the Sunshine State, the owner is almost always financially responsible for your medical bills and reconstructive surgeries. Understanding how Florida Statute 767.04 enforces this liability is crucial to maximizing your settlement.
Florida’s Strict Liability Statute
Florida is a “strict liability” state when it comes to dog bites. Under Florida Statute 767.04, a dog owner is liable for damages if their dog bites someone who is in a public place or lawfully on private property.
Crucially, you do not have to prove that the dog had a history of aggression, that it had bitten someone before, or that the owner was negligent in handling the animal. The simple fact that the bite occurred is generally enough to trigger the owner’s liability, which is typically paid out through their homeowner’s or renter’s insurance policy.
The “Beware of Dog” Exception
While strict liability strongly favors the victim, dog owners have a few specific defenses. The most common is the “Bad Dog” sign exception. Under the statute, if the dog owner had a prominent, easily readable sign displaying the words “Bad Dog” or “Beware of Dog” on their property at the time of the attack, they may be shielded from liability.
However, this defense completely evaporates if the victim is a child under the age of 6. Because young children cannot read or comprehend warning signs, dog owners remain strictly liable for attacks on minors, regardless of posted signage.
Trespassing and Provocation
An owner is also not strictly liable if the victim was trespassing on private property at the time of the attack. You must be on the property lawfully—either as an invited guest, a postal worker, or a contractor—to receive the statute’s full protection.
Additionally, Florida’s 51% Modified Comparative Negligence rule applies to dog bites. If the defense can prove you intentionally provoked, hit, or tormented the dog, your compensation will be reduced by your percentage of fault. If you are deemed 51% at fault for the incident, you recover nothing.
Because dog bite claims often involve high-cost plastic surgery and scar revision, it is essential to calculate your long-term medical needs using our Florida settlement resources before speaking to an insurer.