What a Pit Bull Bite Lawyer Can Do for You in Miami

Pit bull bites tend to be particularly serious because of the breed's powerful jaw, "hold and shake" attack pattern, and tendency to inflict deep, crushing wounds rather than single quick bites. South Florida sees pit bull bite injuries every week, ranging from puncture wounds to amputations and (in the most tragic cases) fatalities. Florida's strict-liability dog-bite statute and the unique insurance landscape for pit bull cases shape what your case is worth and how it should be handled.

Miami-Dade's History With Pit Bulls

Miami-Dade County had a long-standing ban on pit bulls under a county ordinance dating to 1989. The Florida Legislature preempted local breed-specific legislation in 2023 by enacting § 767.14, which prohibits local governments from regulating dogs based on breed for purposes other than mitigating dangerous-dog determinations. The Miami-Dade ban was rescinded as a result. Pit bulls and pit bull mixes are now legal across Florida — but the breed's reputation and bite history continue to affect homeowner's insurance availability and case-handling.

Florida Strict Liability — § 767.04

Florida Statute § 767.04 makes dog owners strictly liable for damage caused by their dog's bite when the victim was in a public place or lawfully on a private place, regardless of whether the dog had previously shown a propensity to bite and regardless of the owner's knowledge of viciousness. There is no "one free bite" rule in Florida. The owner is liable on the very first attack.

The strict-liability statute applies the same way to pit bulls as to any other breed. The breed of the dog does not change the statutory analysis — but it often affects the amount of insurance available.

The Insurance Problem

Most Florida homeowner's and renter's insurance policies exclude bites by certain breeds — most commonly pit bulls, Rottweilers, German Shepherds, and Doberman Pinschers — or charge significantly higher premiums for owners of those breeds. Other carriers will cover the dog only if specifically scheduled at policy inception with full disclosure. Some carriers will deny coverage entirely if the owner concealed the dog's breed when applying for the policy.

This means that, in pit bull cases, finding insurance coverage is often the case's biggest challenge. We thoroughly investigate every potentially applicable policy:

• The owner's homeowner's or renter's insurance — even if the carrier initially denies coverage
• Umbrella policies
• The landlord's commercial liability policy if the dog was kept at a rental property and the landlord knew of the dangerous dog
• Property-owner liability where the bite occurred on someone else's property under negligent-security or premises-liability theories
• The owner's personal assets if no insurance is available

Common Defenses in Pit Bull Cases

• Comparative negligence. The defense will argue you provoked the dog, ignored warnings, or contributed to your injury. Florida applies modified comparative negligence with a 51% bar.
• The "Bad Dog" sign defense. If the owner posted a clearly visible "Bad Dog" sign at the entrance to the property and the bite occurred on the property, the owner's strict liability is reduced. The sign defense does not apply to children under six.
• Trespasser status. Strict liability under § 767.04 applies only to victims who were "lawfully" on the property. A trespasser may have a more limited claim.
• Insurance exclusion. The carrier denies coverage based on a breed exclusion or non-disclosure provision in the policy.

Damages

Damages in serious pit bull bite cases include past and future medical expenses, multiple reconstructive surgeries (often required over years for serious facial and limb injuries), permanent scarring and disfigurement, pain and suffering, mental anguish and PTSD (frequently severe in adult and child victims), lost wages and earning capacity, loss of enjoyment of life, and (in fatal cases) Florida Wrongful Death Act damages.

Statute of Limitations

For pit bull bite cases occurring on or after March 24, 2023, Florida's statute of limitations is two years from the date of the bite. Claims by minors may be subject to extended deadlines under Florida's tolling rules.

If you or a loved one has been bitten by a pit bull 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.