Dog Bite Injuries in South Florida: What Victims Need to Know
Dogs are cherished companions for millions of families, but even a normally gentle animal can cause serious harm in the wrong circumstances. Dog bite injuries range from minor puncture wounds to severe lacerations, nerve damage, and lasting scars, especially in cases involving children or the elderly. If you or a loved one has been bitten by a dog in South Florida, understanding your legal rights can help you make informed decisions about medical care and compensation.
At Mark Schiffrin, P.A., we help South Florida residents pursue fair outcomes after dog bite incidents. This guide explains how Florida’s dog bite laws work, what steps to take after an attack, and what factors affect a claim.
Florida’s Strict Liability Dog Bite Law
Florida is what’s known as a strict liability state when it comes to dog bites. Under Florida Statute 767.04, a dog owner can be held liable for injuries their dog causes to another person, regardless of whether the owner knew the dog had aggressive tendencies. This differs from many other states, which follow a “one bite rule” that only holds an owner responsible if they had prior knowledge their dog was dangerous.
Under Florida’s strict liability standard, the injured party generally does not need to prove the dog had bitten someone before or that the owner was careless. Simply being bitten while lawfully on public property, or lawfully on private property (including the owner’s property), is often enough to establish liability.
There are some exceptions and defenses available to dog owners, including:
Trespassing. If the injured person was trespassing on the owner’s property at the time of the bite, the owner may have a valid defense.
Comparative negligence. If the injured person provoked the dog or otherwise contributed to the incident, their compensation may be reduced in proportion to their share of fault.
Visible warning signs. Florida law recognizes that a properly posted “Bad Dog” sign can factor into a liability defense in certain circumstances, particularly for bites that occur on the owner’s property.
Because these exceptions can significantly affect the outcome of a claim, it’s important to have an experienced dog bite attorney evaluate the specific facts of your case.
Common Injuries From Dog Bites
Dog bite injuries vary widely in severity, but some of the most common include:
- Puncture wounds and lacerations
- Nerve and tendon damage
- Infections, including bacterial infections that can develop from a bite
- Scarring and disfigurement, particularly with facial injuries
- Fractures from being knocked down during an attack
- Psychological trauma, including anxiety and fear of dogs, especially in children
Children are disproportionately affected by dog bites, both because they are more likely to be bitten and because bites to children often involve the face, head, and neck due to their height relative to the animal.
Steps to Take After a Dog Bite
If you or someone you love has been bitten by a dog, the following steps can help protect your health and preserve your legal options:
Seek medical attention right away. Dog bites carry a real risk of infection, and some injuries may be more serious than they initially appear. A medical evaluation also creates documentation connecting your injuries to the incident.
Identify the dog and its owner. If possible, get the owner’s name and contact information, along with details about the dog, including whether it has a known vaccination history.
Report the incident. Contact local animal control or law enforcement to file an official report. This creates a formal record of the incident and may also trigger a rabies observation period for the dog.
Document the scene and your injuries. Take photos of the bite wounds, any torn clothing, and the location where the attack occurred.
Get witness information. If anyone saw the attack, their account can help support your version of events.
Avoid giving a recorded statement to the owner’s insurance company without guidance. Homeowners’ or renters’ insurance policies often cover dog bite claims, and insurance adjusters may attempt to minimize the value of your claim early on.
Keep records of your medical treatment and expenses. This includes emergency room visits, follow up care, prescriptions, and any counseling related to psychological trauma from the attack.
Consult an attorney. Florida law places a time limit on how long you have to pursue a claim after a dog bite, so it’s best not to delay in seeking legal guidance.
Who Can Be Held Responsible?
In most cases, the dog’s owner is the party responsible for injuries caused by their animal. However, liability can sometimes extend to others, including:
- Landlords, in certain circumstances where they knew about a dangerous dog on the property and failed to act
- Dog sitters, walkers, or boarding facilities responsible for the animal at the time of the attack
- Property managers, depending on the circumstances of the incident
Identifying every potentially liable party is an important part of building a strong claim, particularly when multiple insurance policies could apply.
Compensation Available in a Dog Bite Claim
Victims of dog bites in Florida may be entitled to recover compensation for a range of damages, including:
- Medical expenses, including emergency treatment, surgery, and follow up care
- Future medical costs, particularly for injuries requiring reconstructive surgery or ongoing treatment
- Lost wages if the injury prevented you from working
- Pain and suffering
- Scarring and disfigurement
- Psychological impact, including anxiety or trauma resulting from the attack
The value of a claim depends heavily on the severity of the injury, the long-term impact on the victim’s life, and the available insurance coverage.
Why Dog Bite Claims Can Be Complicated
Dog bite cases often involve emotionally charged circumstances, particularly when the dog belonged to a friend, neighbor, or family member. Some victims hesitate to pursue a claim out of concern for the dog owner, not realizing that most claims are paid through the owner’s homeowners’ or renters’ insurance policy rather than out of pocket.
Insurance companies handling dog bite claims may also attempt to argue that the victim provoked the animal or was trespassing at the time of the incident, even when neither is true. Having an attorney review the facts of your case can help ensure these defenses don’t unfairly diminish the value of a legitimate claim.
Injured by a Dog? We’re Here to Help
A dog bite can leave lasting physical and emotional scars, and navigating a claim while recovering from an injury is not something you should have to do alone. Mark Schiffrin, P.A. has helped South Florida families understand their rights and pursue fair outcomes after dog bite incidents.
Contact our office today for a consultation. We will review the details of your case, explain your legal options, and help guide you through the process of seeking the compensation you deserve.
This blog post is provided for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney to discuss the specific facts of your situation.
