Dog Bite Law – The Statutes – What The Law Says

Written by Lauren N Turner Esq.

Lauren N. Turner, Esq., a native Floridian, started her career in litigation in 2015. She received her Juris Doctorate from Nova University‘s Shepard Broad School of Law in 2015, holds a Masters in Criminal Justice from Boston University, and a Bachelor of Science in Organizational Management from Palm Beach Atlantic University.

June 23, 2020

Aggressive Dog

What you need to know about dog bite statues in Florida

767.04Dog owner’s liability for damages to persons bitten.The owner of any dog that bites any person 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, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words “Bad Dog.” The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.

History.s. 1, ch. 25109, 1949; s. 1, ch. 93-13; s. 1155, ch. 97-102.
Dog Bites and Home Owners Insurance
Dog attacks account for one-third of all liability claims on homeowners’ insurance policies. According to statistics, the insurance industry paid out more than $1 billion in dog-bite claims in 1998 alone.
4.5 million reported dog bites annually in the United States
There are approximately 4.5 million reported dog bites annually in the United States (nearly 2% of the American population). The majority of dog bites are never reported to local authorities
Dogs between 1 and 5 years
Dogs between 1 and 5 years are involved in more dog bite incidences than dogs older than 6 years. Male dogs are more frequently involved when compared with female dogs.

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