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 The Miami-Dade ban was rescinded as a result.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.

Why Pit Bull Bites Are Often More Severe

Pit bulls — a colloquial term covering American Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers, and crosses — are physically built to deliver a sustained, crushing bite. Unlike most breeds, which deliver a quick snap-and-release bite as a warning, pit bull attacks frequently follow a "hold and shake" pattern that creates deep tissue avulsion, vascular injury, and orthopedic damage in a single incident. Emergency-medicine literature documents disproportionately serious injuries from pit bull attacks compared to other breeds of similar weight. From a damages standpoint that translates into multiple surgical revisions, longer hospital stays, infection complications, and more severe permanent scarring — all of which the case must be built to prove.

Animal Services and Dangerous-Dog Records

Every reported pit bull bite in Miami-Dade should generate a Miami-Dade Animal Services investigation, a vaccination check, and a 10-day rabies observation. The Animal Services file becomes the foundation of the civil case — it identifies the dog and owner, records prior bite history, and often contains photographs and witness statements. Florida's dangerous-dog statutes (§§ 767.10 to 767.16) create a separate administrative process for classifying a dog as "dangerous" based on documented bites, attacks, or aggressive behavior. A prior dangerous-dog classification is powerful evidence of the owner's knowledge of viciousness, which strengthens punitive-damages exposure and can defeat homeowner's-policy "intentional act" or "expected loss" defenses. We pull Animal Services records on the responsible dog immediately, often before filing suit.

Landlord and Premises Liability

When the dog owner is uninsured — a common scenario in apartment-complex pit bull cases — the apartment owner or management company may be a viable defendant. Florida courts have imposed liability on landlords who knew or should have known of a dangerous dog on the property and failed to act. Evidence typically comes from prior tenant complaints, prior incident reports, the lease's pet policy, breed restrictions in the lease that the landlord ignored, and prior Animal Services involvement at the same address. A landlord's commercial general-liability policy is often the most meaningful source of recovery in cases where the dog owner has no homeowner's or renter's coverage.

Evidence to Preserve

• Photographs of the wound at presentation and at weekly intervals throughout healing
• Miami-Dade Animal Services investigation file, including any prior reports on the same dog or address
• Police report if officers responded
• Dog's vaccination and veterinary records
• Identification of every witness — neighbors, delivery drivers, joggers, other tenants
• Owner's homeowner's, renter's, or standalone canine-liability policy declarations
• Lease and pet policy from the apartment owner
• Photographs of the location — fencing, gates, "Beware of Dog" signs, leash status
• Treating-provider records, particularly plastic-surgery consultations and PTSD assessments

Damages — Children and Facial Injuries

Children bitten on the face by a pit bull frequently face a lifetime of reconstructive surgery. Pediatric plastic surgeons typically perform initial wound repair, then a series of revision procedures at developmental milestones as the child's skull and soft tissue grow. Scar-revision schedules running 10 to 15 years are not unusual. Damages in these cases account for not only the surgeries themselves but the lost school days, social and developmental impact, and the lifelong psychological burden of visible facial scarring. PTSD, cynophobia, sleep disturbances, and avoidance behaviors are well-documented in pediatric dog-bite literature and warrant formal psychological evaluation as part of the damages case.

Common Defense Tactics

• Provocation. The defense will argue the victim teased, startled, or struck the dog. Statements taken immediately at the scene by Animal Services are far more reliable than later-evolved versions.
• Trespass. Strict liability under § 767.04 applies only to victims lawfully on the property. The defense will examine whether the victim had express or implied permission to enter.
• "Bad Dog" sign. A posted sign reduces the owner's liability under comparative negligence. We document whether the sign existed at the time of the bite, was visible from the victim's approach, and was not added after the fact.
• Insurance coverage denial. Carriers routinely invoke breed exclusions, non-disclosure of the dog at policy inception, or intentional-act exclusions. Coverage disputes often require declaratory-judgment litigation parallel to the liability case.

What to Do After a Pit Bull Attack in Miami

1. Get emergency medical care immediately — wound irrigation, antibiotics, and tetanus prophylaxis are essential, and rabies prophylaxis may be required if vaccination cannot be confirmed.
2. Photograph the wound, the dog, the location, and any "Beware of Dog" signage.
3. Identify the owner — name, address, phone, and apartment number or street address.
4. Call 311 to report to Miami-Dade Animal Services. Insist on a written report.
5. Call police if the dog is at large or the owner is uncooperative.
6. Collect names and phone numbers of every witness on the spot.
7. Refuse any recorded statement from an insurance adjuster.
8. Contact a Miami pit bull bite lawyer before signing anything or accepting any payment.

Frequently Asked Questions

Aren't pit bulls illegal in Miami-Dade?

No longer. The longstanding Miami-Dade ban was rescinded after the Florida Legislature preempted breed-specific bans in 2023. Pit bulls are lawful across Florida.

Does the breed affect the legal case?

Liability is identical under § 767.04 regardless of breed. Breed affects insurance availability, jury perception of severity, and the damages picture — not the elements of the claim.

The owner has no insurance. Is the case worth pursuing?

Often yes. Landlords, apartment owners, and property managers with commercial liability coverage may be liable for allowing a known dangerous dog on the premises.

Will my child have to testify?

Usually not. Most cases resolve in settlement based on Animal Services records, medical documentation, and adult witness testimony. Child testimony is rare and avoidable in most cases.

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.