What a Rottweiler Bite Lawyer Can Do for You in Miami

Rottweilers are powerful working dogs originally bred for guarding and herding. When a Rottweiler attacks a human in Miami, the consequences are often severe — the breed's size, strength, and protective temperament produce serious puncture, crushing, and tearing wounds that frequently require reconstructive surgery and result in permanent scarring. Florida's strict-liability dog-bite statute applies to Rottweilers exactly as it does to any other breed, but the insurance coverage available in a Rottweiler bite case is often a more difficult question than the liability case itself.

Florida Strict Liability — § 767.04

Under Florida Statute § 767.04, the owner of a Rottweiler that bites someone in a public place or lawfully on a private place is strictly liable for the resulting damages — regardless of any prior bite history, regardless of the owner's knowledge of viciousness, and regardless of whether the owner was negligent. Florida is one of the most plaintiff-friendly dog-bite states in the country precisely because of this strict-liability rule. There is no "one free bite" rule.

The Insurance Issue Is Often the Hardest Part

Rottweilers, along with pit bulls, German Shepherds, Doberman Pinschers, and a handful of other breeds, are commonly excluded from standard Florida homeowner's and renter's insurance policies — or covered only at significantly higher premiums and only when specifically scheduled at policy inception. Some carriers will deny coverage outright if the owner concealed the dog's breed when applying for the policy; others will pay subject to lower limits.

In Rottweiler bite cases, finding insurance coverage often requires:

• Carefully reviewing the homeowner's or renter's policy language to identify what is actually excluded
• Investigating whether the breed exclusion was properly added or whether it slipped through
• Checking for umbrella policies that may apply
• Pursuing landlord or property-owner liability if the dog was kept at a rental property and the landlord knew of the dangerous dog
• Pursuing premises-liability claims against business or property owners where the bite occurred
• Considering negligent-entrustment or negligent-handling claims where the dog was being walked by someone other than the owner at the time of the attack

Common Defenses and How They Apply to Rottweilers

• Comparative negligence. The defense will argue you provoked the dog, ignored warnings, or contributed to the attack. Florida applies modified comparative negligence with a 51% bar.
• The "Bad Dog" sign defense. If the owner posted a clearly visible "Bad Dog" sign and the bite occurred on the property, the owner's liability is reduced — but the sign defense does not apply to children under six.
• Trespasser status.
• Insurance exclusion. The carrier denies coverage based on a breed exclusion.

Damages

Rottweiler bite damages are typically substantial because of the severity of injuries the breed inflicts:

• Past and future medical expenses, including emergency care, antibiotics, rabies prophylaxis, and reconstructive surgery
• Multiple reconstructive surgeries — particularly for facial injuries to children, where surgical revisions may be needed for years until skeletal maturity
• Permanent scarring and disfigurement
• Pain and suffering — Rottweiler attacks often produce extreme acute pain
• Mental anguish and PTSD, frequently severe and long-lasting
• Lost wages and earning capacity
• Loss of enjoyment of life
• Wrongful-death damages in fatal cases (Rottweiler attacks are responsible for a disproportionate share of fatal dog bites in the United States)

Statute of Limitations

For Rottweiler 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 minor children may be subject to extended deadlines under Florida's tolling rules.

If you or a loved one has been bitten by a Rottweiler 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.