Dog Bite Lawyer in Miami

Florida has one of the most plaintiff-friendly dog bite statutes in the country. Unlike states that follow a "one bite" rule — where the owner is liable only if the dog had previously shown a propensity to bite — Florida imposes strict liability on a dog owner for damage caused by the dog's bite, even on the dog's very first attack and even if the owner had no reason to believe the dog was dangerous. If you or a loved one has been bitten by a dog in Miami-Dade, Broward, or Monroe County, a Florida dog bite lawyer can help you secure compensation under Florida Statute § 767.04.

Florida Statute § 767.04 — Strict Liability

The statute provides, in relevant part, that 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, is liable for damages suffered as a result of the bite, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

The key elements an injured person must prove under § 767.04 are:

• The defendant owned the dog at the time of the bite
• The dog bit the plaintiff (the statute applies to bites only — not to other dog-caused injuries like knock-down)
• The plaintiff was lawfully on the property where the bite occurred (a public place, the owner's property by invitation, or anywhere a person has a legal right to be)
• The plaintiff suffered damages as a result of the bite

Importantly, the statute does not require the plaintiff to prove the dog had bitten anyone before, that the owner knew or should have known the dog was dangerous, or that the owner failed to use reasonable care. Florida has affirmatively rejected the "one free bite" rule.

Statutory Defenses

Section 767.04 provides two narrow defenses for dog owners:

• The "Bad Dog" sign defense. If the owner has displayed in a prominent place on the premises a sign easily readable including the words "Bad Dog," and the bite occurred on those premises, the owner's liability is reduced (though not eliminated) and the comparative-negligence rule applies more strongly. The sign defense does not apply to children under six.
• The plaintiff's own negligence. Florida applies modified comparative negligence (51% bar) to dog bite claims. If the plaintiff provoked the dog or otherwise contributed to the bite by negligent or unlawful conduct, recovery is reduced or barred.

Non-Bite Dog Injuries

Florida's strict-liability statute applies only to bites. If a dog knocks a person down, scares a cyclist into a crash, or otherwise causes injury without biting, the case proceeds under traditional negligence — and the plaintiff must prove the owner knew or should have known the dog was dangerous. These cases are harder than bite cases, but still very much winnable with the right evidence.

Common Miami Dog Bite Scenarios

• Bites in apartment complexes, condos, and rental homes
• Bites at parks, on sidewalks, and in public areas
• Bites at someone's home where the victim was a guest, contractor, or delivery person
• Bites by off-leash dogs in Miami-Dade public areas where leash laws apply
• Bites involving children — particularly serious because of the size differential and the propensity for facial injuries
• Bites by dogs being walked by someone other than the owner
• Postal worker, package delivery, and meter reader bite cases

Insurance Issues

Most homeowner's and renter's insurance policies cover dog bite liability — and homeowner's policies are typically the source of recovery in dog bite cases. Some carriers, however, exclude coverage for specific breeds (often pit bulls, Rottweilers, German Shepherds, and Doberman Pinschers) or for dogs with a prior bite history. We carefully evaluate the available policy language and pursue every coverage theory available.

If the dog owner does not have homeowner's or renter's insurance — common in apartment-complex bites — recovery may be limited to the owner's personal assets, or may be available against the property owner under a negligent-security or premises-liability theory if the property owner knew the dog was dangerous and allowed it on the premises. Florida courts have, in some cases, imposed liability on landlords who knew about dangerous dogs and failed to act.

Damages

Dog bite damages can include:

• Past and future medical expenses, including emergency room treatment, plastic surgery, and rabies prophylaxis
• Reconstructive surgery — many dog-bite victims, particularly children with facial injuries, undergo multiple surgeries over years
• Permanent scarring and disfigurement
• Pain, suffering, and mental anguish
• Psychological treatment for PTSD, often documented in adult victims and especially in children
• Lost wages and earning capacity
• In fatal cases (most often involving children or elderly victims), Florida Wrongful Death Act damages

Statute of Limitations

For dog bite injuries occurring on or after March 24, 2023, Florida's statute of limitations on negligence claims (and statutory dog bite claims) is two years from the date of the bite. Claims by minors may be subject to extended deadlines under Florida's tolling rules.

Dangerous Dog Classification — §§ 767.10 to 767.16

Separate from civil liability, Florida's dangerous-dog statutes (§§ 767.10 to 767.16) create an administrative process for classifying individual dogs as "dangerous" based on a documented history of biting, attacking, or chasing without provocation. After a serious bite, Miami-Dade Animal Services typically investigates and may initiate dangerous-dog proceedings. A dangerous-dog finding triggers registration, muzzling, and confinement requirements — and a subsequent bite by a classified dangerous dog can subject the owner to criminal liability under § 767.13. From a civil standpoint, a prior dangerous-dog classification is powerful evidence of the owner's knowledge of viciousness, which strengthens punitive-damages exposure and pierces some homeowner's-policy "intentional act" defenses.

Reporting and Medical Steps

Every dog bite in Miami-Dade should be reported to Miami-Dade Animal Services. The report triggers a 10-day rabies observation period for the dog and creates an official record of the incident — often the single most important piece of evidence in the civil case. If the dog cannot be located or its vaccination status cannot be confirmed, the victim faces post-exposure rabies prophylaxis, a series of injections over weeks. Bite wounds carry high infection risk from Pasteurella and Capnocytophaga, so prompt wound irrigation, antibiotics, and tetanus prophylaxis are standard. Children with facial bites should be evaluated by a pediatric plastic surgeon before any wound closure.

Landlord Liability

Where the dog owner lacks insurance — common in apartment-complex bites — the landlord may be a viable defendant. Florida courts have imposed liability on landlords who knew or should have known a tenant kept a dangerous dog and failed to take reasonable steps to protect other tenants and lawful visitors. Evidence typically comes from prior tenant complaints, incident reports, the lease's pet policy, and the property manager's own observations.

Evidence to Preserve

• Photographs of the wound at presentation and through healing — weekly photos for the first several months are invaluable for the scarring case
• The dog's vaccination records and the owner's identifying information
• Miami-Dade Animal Services incident report and any prior reports involving the same dog
• Police report if officers responded
• Names, phone numbers, and addresses of every witness — neighbors, delivery drivers, other tenants
• The homeowner's, renter's, or commercial-liability policy declarations page
• Treating physician records, including the emergency-department wound description and any plastic-surgery consultations
• Photographs of the location where the bite happened — fence height, gate condition, "Beware of Dog" or "Bad Dog" signs (or their absence)

Damages in a Dog Bite Case

Serious dog bite damages can be substantial, particularly with child victims:

• Emergency care, surgical wound repair, and follow-up plastic surgery
• Reconstructive surgery — children with facial scars frequently undergo revisions every few years until skeletal maturity
• Rabies post-exposure prophylaxis if the dog's vaccination status is unknown
• Permanent scarring and disfigurement
• Loss of function in bitten hands, fingers, or limbs
• Psychological treatment — PTSD, cynophobia (fear of dogs), nightmares, and avoidance behaviors are well-documented in child victims and frequent in adults
• Past and future lost wages and earning capacity
• Wrongful-death damages under Florida's Wrongful Death Act in fatal cases

Common Defense Tactics

• Provocation. The defense will claim the victim was teasing, kicking, or otherwise provoking the dog. We obtain Animal Services interviews and witness statements immediately, before stories evolve.
• Trespass. Strict liability applies only when the victim was lawfully on the property. The defense will scrutinize whether the victim had express or implied permission to enter.
• "Bad Dog" sign. The defense will photograph any posted sign and argue the comparative-fault reduction. We document whether the sign was present at the time of the bite (not added later) and whether it was readable from the approach path.
• Coverage denial. The carrier will argue a breed exclusion, intentional-act exclusion, or non-disclosure of the dog at policy inception. We pursue coverage litigation in parallel with the liability case.

What to Do After a Dog Bite in Miami

1. Get to an emergency room or urgent care for wound care, antibiotics, and tetanus prophylaxis.
2. Identify the dog and the owner — get a name, address, phone number, and a photograph of the dog if possible.
3. Call Miami-Dade Animal Services (311) and request a report.
4. Call the police if the owner is uncooperative or the dog is still at large.
5. Photograph the wound, the scene, and the dog.
6. Get contact information from every witness on the spot.
7. Do not give a recorded statement to any insurance adjuster.
8. Contact a Miami dog bite lawyer before signing anything.

Frequently Asked Questions

What if the dog had never bitten anyone before?

Prior bite history is irrelevant under § 767.04. Florida is a strict-liability state — the owner is liable on the very first bite.

What if I was bitten on the owner's property?

You can still recover as long as you were lawfully on the property — invited guests, contractors, delivery personnel, and meter readers all qualify.

The owner says I provoked the dog.

Provocation is an affirmative defense and reduces (but does not always eliminate) recovery under comparative negligence. The defendant carries the burden.

Will the dog be put down?

That is an administrative decision by Animal Services under the dangerous-dog statutes, not part of the civil case.

If you or a loved one has been bitten by a dog anywhere in Miami-Dade, Broward, or Monroe County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.