Florida Dog Bite Liability

Florida holds dog owners strictly liable for a bite in a public place or lawful private place — no history of aggression required. A prominent "Bad Dog" sign can shield the owner, but never for a child under 6 or if the owner was negligent.

Cited to Fla. Stat. & case law FigureMyTax Editorial Team Free · no sign-up

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Strict liability, with a narrow statutory out

Under Fla. Stat. §767.04, a dog owner is liable for a bite in a public place or lawful private place, regardless of the dog's former viciousness or the owner's knowledge of it. The statute applies to bites specifically, not other dog-caused injuries.

The owner escapes liability if they'd displayed a prominent, easily readable "Bad Dog" sign — but never if the victim was under age 6, and never if the injury resulted from the owner's own negligence. Florida courts have held the sign must actually be readable to the victim; if the victim was too young to read it, the exception doesn't protect the owner (Flick v. Malino, 1978).

The statute builds comparative fault directly into its text: any negligence by the bitten person that proximately caused the incident reduces the owner's liability by that percentage.

Injured in Florida?

A local personal injury attorney can review your claim — many offer a free consultation.

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This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Florida statute and case law. Confirm how these rules apply to your specific case with a licensed Florida attorney.