Dog bites happen at a friend's house, on a neighborhood walk, at a dog park, during a delivery, or in a child's own yard. They often involve someone the victim knows, which makes people hesitate to pursue a claim. That hesitation is understandable. In most cases, though, the claim is paid by the owner's homeowners or renters insurance, not out of the owner's pocket, and the injuries can be significant: deep punctures, torn tissue, nerve damage, infection, and scarring that is especially serious on a child's face or hands.
1. Get medical care and watch for infection
Clean the wound and get medical care the same day. Dog bites carry a real risk of infection, and some wounds need antibiotics, stitches, or a surgeon's attention. Ask whether the injury will scar, and follow every referral, including to plastic surgery if recommended. Tell the provider the dog's vaccination status if you know it.
Report the bite to animal control or the county health department, or ask the treating facility whether it has done so. The authorities may want the dog confined and observed, and their report creates an independent record of the bite, the dog, and the owner.
2. Identify the dog and the owner
Get the owner's name, address, and phone number, and a description and photo of the dog. If the person handling the dog was not the owner, such as a dog walker, a relative, or a tenant, get that person's information too. Ask for the dog's vaccination records. If the bite happened at a rental property, note who owns the property and who lives there, because the insurance picture may involve more than one policy.
3. Photograph the injuries over time
Take clear, well-lit photos of the wounds on the day of the bite and every few days afterward through healing. The photos should show the depth of the punctures, the stitches or staples, bruising, and the final scar. Place a ruler or coin next to the wound for scale. Bite injuries change quickly, and the early photos are often the only record of how severe they were.
Keep the clothing you were wearing, unwashed, especially if it is torn.
4. Record where you were and why
The dog bite statute protects a person who is bitten "while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog" (§ 767.04). A person is lawfully on private property when performing a duty imposed by state or federal law, including postal duties, or "when the person is on such property upon invitation, expressed or implied, of the owner."
Write down, while it is fresh, why you were there: invited to a party, delivering a package, walking on a public sidewalk, visiting a neighbor. If someone invited you, note who. These details establish that you were where you had a right to be.
“while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog”
§ 767.04
5. Photograph the property and any signs
Photograph the gate, fence, leash, and the place where the bite happened. Photograph any warning sign, including its location, size, and wording, and photograph the property entrance even if there is no sign. Under the statute, the owner generally is not liable to a person bitten on the owner's property if the owner had displayed in a prominent place "a sign easily readable including the words 'Bad Dog.'" That sign defense does not apply "as to a person under the age of 6," and does not apply when the damages are caused by a negligent act or omission of the owner (§ 767.04). Whether a sign existed, where it was, and whether it could be read are factual questions, so photographs taken soon after the bite matter.
“a sign easily readable including the words 'Bad Dog.'”
§ 767.04
6. Do not minimize the bite or discuss provocation
The owner's insurer will ask whether you petted the dog, reached toward it, or startled it. Do not guess or speculate. The statute reduces the owner's liability "by the percentage that the bitten person's negligence contributed" to the injury (§ 767.04), so these questions are aimed at your share of fault. Decline a recorded statement until you have counsel, and do not post about the bite or the owner online.
“by the percentage that the bitten person's negligence contributed”
§ 767.04
The Florida rules that matter
- Owner liability. The owner of a dog that bites a person in a public place or lawfully on private property is liable for the resulting damages "regardless of the former viciousness of the dog or the owners' knowledge of such viciousness" (§ 767.04). A separate statute provides that "A dog owner is liable for any damage done by the owner's dog" to persons and certain animals (§ 767.01(1)).
- The sign rule. A prominently displayed, easily readable "Bad Dog" sign can defeat a claim for a bite on the owner's property, except for a child under 6 or when the owner's negligence caused the damages (§ 767.04).
- Comparative fault. The bitten person's negligence reduces the owner's liability by that person's percentage of fault (§ 767.04). The general comparative fault statute, including its bar on recovery for a party more than 50 percent at fault for his or her own harm, is in § 768.81(2) and (6).
- Deadline to sue. Do not assume you have more than two years. We treat the two-year period for an action founded on negligence in § 95.11(5)(a) as the working deadline in dog bite cases so that no option is lost.
“regardless of the former viciousness of the dog or the owners' knowledge of such viciousness”
§ 767.04
Your checklist
- Get medical care the same day and follow every referral.
- Report the bite to animal control or the health department.
- Get the owner's and handler's information, a photo of the dog, and vaccination records.
- Photograph the wounds every few days through healing, with something for scale.
- Write down why you were where you were, and who invited you.
- Photograph the property, the fencing, and any warning sign or the absence of one.
- Decline recorded statements and call a lawyer well before two years pass.
How we handle these cases
We identify every insurance policy that may cover the bite, document the injury and scarring through healing, and address the location, sign, and fault questions with evidence gathered early. For children, we pay particular attention to future scar revision and the long-term effect of facial injuries. Josef Timlichman Law, PLLC is a Florida trial firm handling cases throughout the state, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.