How Do I Sue for a Dog Bite Injury?

Your Rights Under Florida Dog Bite Law

Florida Statute §767.04 establishes strict liability for dog owners: you don't need to prove the owner was negligent or that the dog had a history of aggression. It applies whether the bite happened on private property (where you were lawfully present) or in a public place. Exceptions can reduce or bar a claim — trespassing, provoking the dog, a prominently posted "Bad Dog" sign (with an exception for children under six), and comparative negligence, which reduces your recovery by your share of fault and bars it entirely above 50% (HB 837).

Steps to Sue for a Dog Bite Injury

Pursuing a claim follows a structured process:

• Seek medical care and gather evidence. Get treatment, then document the injuries with photos, medical records, and witness statements — the foundation for proving medical bills, lost wages, and pain and suffering.
• File the insurance claim. Most cases begin with the owner's homeowner's or renter's policy. A detailed demand letter lays out the incident, injuries, and compensation sought. Insurers work to minimize payouts, so it's wise to have an attorney handle this step.
• Consult an attorney. A dog-bite lawyer evaluates the case for free, determines liability, obtains the animal-control report and any history of prior complaints about the dog, and identifies every party who may be responsible — the owner, a property owner, or another negligent party.
• File a lawsuit if needed. If the settlement offer is inadequate, your attorney files a complaint, which begins litigation — discovery, depositions, and potentially trial. Florida's strict-liability rule strengthens your position because you don't have to prove prior viciousness.
• Resolve the case. Many cases settle; if a case goes to trial, a judge or jury decides based on the evidence. A full recovery accounts not just for immediate costs but for long-term effects like scarring, surgery, and therapy.

For the very first steps at the scene, see what to do after a dog bite. To have your claim evaluated, talk to our Fort Lauderdale dog bite injury lawyer team — or, outside Broward, our Miami dog bite team.

When You Can Sue Beyond Insurance Limits

Strict liability makes the owner responsible for the bite itself, but the owner's insurance policy has limits. Where there is an additional layer of fault — for example, an owner who knew the dog was dangerous and failed to restrain it, or a landlord or property owner who allowed a known hazard — there may be grounds to pursue the owner personally beyond the policy limits, or to add another defendant. In a serious injury, identifying every liable party and policy is what separates a policy-limits result from a full recovery.

If a dog attack is fatal, the family may have a wrongful-death claim.

Common Challenges — and How We Address Them

Insurers frequently argue that the victim provoked the dog or dispute how serious the injury is. We counter with the animal-control record, the dog's history, medical documentation, photographs of the wounds, and, where appropriate, medical and other qualified opinions — building the evidence that supports the true value of the claim.

Frequently Asked Questions