Florida Dog Bite Law

How dog bite liability works in Florida

Florida took the knowledge requirement out of bite cases in 1949, when the Legislature passed what is now § 767.04¹. An older provision, § 767.01, goes back to 1901 and makes a dog owner liable for “any damage” the dog does to a person, which reaches injuries that are not bites, such as a fall while running from a dog². In Kilpatrick v. Sklar, 548 So. 2d 215 (Fla. 1989), a police officer who impaled his leg on a fence while fleeing four Great Danes sued under § 767.01; the Florida Supreme Court held that the only defenses to either statute are the ones written into § 767.04⁶.

The best-known written defense is the sign: an owner escapes statutory liability by posting a sign with the words “Bad Dog”, though the sign does not protect the owner when the victim is under 6 or when the owner's own negligence caused the injury¹. As amended in 1993 (ch. 93-13), the statute reduces the award by the bitten person's percentage of negligence and makes the statutory remedy “in addition to and cumulative with” common-law claims¹.

The statute reaches only the dog's owner. In Wipperfurth v. Huie, 654 So. 2d 116 (Fla. 1995), the court held that a kennel holding a boarded dog is not its “owner” and that the real owner stayed liable to a kennel worker the dog bit⁷. Landlords, dog sitters and other non-owners can be sued only under common-law negligence¹⁰.

Two points became uncertain after the 2023 tort reform law, HB 837: whether a claim under § 767.04 keeps a four-year deadline as a “statutory liability”, and whether the new rule barring a plaintiff who is more than 50% at fault overrides the statute's own percentage reduction^3,5. No Florida appellate court had answered either question by October 2026. See the national deadline table for how other states compare.

The Florida dog bite statute

The owner of a dog that bites a person in a public place, or lawfully on private property including the owner's own, is liable for the damages, regardless of the dog's former viciousness or the owner's knowledge of it¹. A person is lawfully on the owner's property when carrying out a duty under state or federal law (including postal regulations) or when there by express or implied invitation¹. The bitten person's negligence reduces the owner's liability by its percentage, and a prominently displayed, easily readable “Bad Dog” sign bars the claim except for victims under 6 or damages caused by the owner's negligence¹. Section 767.01 separately makes the owner liable for any damage the dog does to a person, and Kilpatrick v. Sklar applies § 767.04's defenses to that claim too^2,6.

• Law: Fla. Stat. § 767.04 (Dog owner's liability for damages to persons bitten), enacted 1949; last changed 1993 (ch. 93-13): comparative negligence and cumulative-remedy language; unchanged in substance since
• Injuries covered: Bites only
• Where: Public places, or lawfully on private property
• Who is liable: The owner
• Damages: All damages, under the ordinary rules

Other ways to prove liability

Because § 767.04 is cumulative, a bitten person can also sue for negligence, and a negligence theory matters in three situations: when a “Bad Dog” sign was posted (the sign does not excuse the owner's own negligence), when the defendant is not the owner, and when the victim was not lawfully on the property^1,8. Claims against non-owners such as landlords run only on common law, which requires knowledge that the dog was dangerous^8,10. Since July 1, 2025, § 767.01(2) also requires an owner who knows of a dog's dangerous propensities to keep it securely confined in a proper enclosure^2,16; the subsection is new, and we found no appellate decision applying it to a civil claim.

Defenses owners raise

Other defense

“Bad Dog” sign. If the owner had an easily readable sign including the words “Bad Dog” displayed in a prominent place on the premises at the time of the bite, the owner is not liable under § 767.04, unless the victim was under 6 or the damages were caused by the owner's negligent act or omission¹.

Trespassing

The statute covers only people in a public place or lawfully on private property. On the owner's land that means performing a legal duty (a mail carrier, for example) or being there by express or implied invitation¹. A trespasser must rely on common-law negligence instead.

Provocation

The statute in force in 2026 has no separate provocation defense. Teasing, hitting or otherwise provoking the dog is argued as the bitten person's negligence, which reduces the award by the percentage it contributed to the bite¹. Kilpatrick v. Sklar holds that common-law defenses outside the statute do not apply to statutory claims⁶.

Veterinarians and dog professionals

Florida has no “veterinarian's rule” for the owner's benefit. In Wipperfurth v. Huie (Fla. 1995) the owner of a boarded dog was liable to the kennel employee it bit, and the court refused to import the independent-contractor defense, calling the owner's liability “absolute, with certain enumerated exceptions”⁷.

Police dogs

Law enforcement canines are exempt from the state's dangerous-dog provisions¹⁵. Section 767.04 contains no police-dog exception, but claims against a city, county or state agency must follow the notice rules and damage caps of § 768.28^1,11.

Shared fault

Modified comparative fault (barred at 51%) (Fla. Stat. § 768.81(6); § 767.04).

Section 767.04 itself says the bitten person's negligence reduces the owner's liability by its percentage, with no cut-off¹. Since March 24, 2023, § 768.81(6) bars any plaintiff found more than 50% at fault in a “negligence action”, a term the statute defines to include strict liability claims⁵. A plaintiff exactly 50% at fault still recovers half. No Florida appellate court had decided by October 2026 whether the 50% bar applies to a § 767.04 claim, so treat it as a real risk.

How the five fault systems compare: provocation, trespass and shared fault.

Florida dog bite statute of limitations

2 years (Fla. Stat. § 95.11(5)(a); § 95.11(3)(e))

An action founded on negligence must be filed within two years, a period HB 837 cut from four years for causes of action accruing after March 24, 2023; a bite before that date keeps the four-year period^3,23. An “action founded on a statutory liability” still has four years under § 95.11(3)(e), and whether that covers a § 767.04 claim has not been decided on appeal, so two years is the safe reading³. Against a city, county or state agency, a written claim must be presented within three years and suit filed within four, with the caps in § 768.28¹¹.

Children. Florida does not pause the deadline for a child who has a parent or guardian. Minority tolls only while no parent or guardian exists, or the parent's interest is adverse, and even then suit must be filed within seven years of the bite⁴.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

Section 767.04 allows “damages suffered by persons bitten”: medical bills, lost earnings, pain and suffering, scarring and disfigurement, and mental anguish, with no statutory cap on these in a claim against a private owner¹. Since 2023, evidence of past medical bills that were paid is limited to the amount actually paid, whatever the bill said¹⁴. Punitive damages require clear and convincing evidence of intentional misconduct or gross negligence¹², and in most cases are capped at the greater of three times compensatory damages or $500,000¹³. A government defendant pays no punitive damages and at most $200,000 per person and $300,000 per incident unless the Legislature passes a claim bill¹¹.

Landlords and property owners

A landlord is not an “owner” under § 767.04, so the claim is common-law negligence⁸. Florida courts require that the landlord knew (actually, or by imputed knowledge) that the tenant's dog was dangerous and had enough control of the premises to remove or abate the danger; Olave v. Howard, 547 So. 2d 349 (Fla. 3d DCA 1989), refused to treat a dog as dangerous because of its breed⁹. In Sutherland v. Pell, 738 So. 2d 1016 (Fla. 2d DCA 1999), a landlord who allowed two Rottweilers and walked past them could not win summary judgment with a bare affidavit denying knowledge⁸. A landlord owes no duty when the tenant's dog escapes and attacks someone off the leased property, even with knowledge: Tran v. Bancroft, 648 So. 2d 314 (Fla. 4th DCA 1995)¹⁰.

Insurance

We found no Florida statute limiting how homeowners or renters insurers use dog breed. The breed-neutral rule in § 767.14 binds local governments and public housing authorities, not insurers¹⁵. Since July 1, 2025, the owner of a dog declared dangerous must carry liability coverage of at least $100,000 for bodily injury caused by the dog^15,16.

Florida ranked #2 in the United States for dog-related homeowners insurance claims in 2025: 2,347 claims with an average cost of $62,375 (national average $65,450), according to the Insurance Information Institute and State Farm. These are insurer payouts, not court awards.

More on coverage, breed exclusions and renters policies: dog bite insurance.

The “Bad Dog” sign defense

Under § 767.04, an owner who had a sign “easily readable including the words ‘Bad Dog’” displayed in a prominent place on the premises is not liable for a bite under the statute¹. Three limits keep the defense narrow. It never applies to a victim under 6. It does not protect an owner whose own negligent act or omission caused the injury, so a bitten adult can still sue for negligence, for example where the owner left a gate open¹. And it is a defense to the statutory claim only; Kilpatrick v. Sklar confirms that § 767.04's defenses, including this one, also govern claims for non-bite injuries under § 767.01⁶. Whether a particular sign was prominent and readable enough is a question of fact.

What the 2023 tort reform changed for bite claims

HB 837, signed and effective on March 24, 2023, did three things that matter to a bitten person²³. It cut the deadline for negligence actions from four years to two, for causes of action accruing after that date^3,23. It added § 768.81(6), which bars a plaintiff found more than 50% at fault in a negligence action, a term that includes strict liability⁵. And it limited proof of paid medical bills to the amounts actually paid¹⁴. The law did not amend § 767.04, whose own text reduces an award by the victim's percentage of fault without any bar¹. Until an appellate court rules, both the deadline and the 50% bar remain open questions for statutory bite claims.

Bite reports and quarantine

Florida's reportable-disease rule requires health care practitioners to report a possible rabies exposure, defined as one that leads to rabies treatment, testing, or isolation or quarantine of the animal, to the county health department¹⁹. County health departments cite chapter 381, Florida Statutes, and chapter 64D-3 as the basis for that duty²². The Department of Health tells bitten people to call the county health department or animal control with the animal's description and location²⁰. Animal control must investigate reported incidents involving a dog that may be dangerous¹⁵.

A dog, cat or ferret that bites a person is confined and observed for 10 days from the bite^20,21. County health departments set the details: in Escambia County, a dog with a current rabies vaccination may be isolated at home under Department of Health conditions, while a dog without current vaccination must be held at a veterinary clinic or animal shelter at the owner's expense²¹. A service dog with a current rabies vaccination is exempt from quarantine after a bite¹⁵. Dogs 4 months and older must be vaccinated against rabies under § 828.30¹⁸.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Florida dangerous dog law.

Questions about Florida dog bite law

Is Florida a one-bite state?

No. Since 1949, § 767.04 has made the owner liable for a bite whether or not the dog had bitten before or the owner knew it was dangerous¹. Knowledge still matters for claims against people who are not the owner, such as a landlord^8,9.

The dog knocked me down but did not bite. Can I still sue the owner in Florida?

Yes. Section 767.01 makes the owner liable for any damage the dog does to a person, and it covers injuries that are not bites². In Kilpatrick v. Sklar, the Florida Supreme Court allowed a claim under § 767.01 by an officer hurt fleeing dogs and held that the defenses in § 767.04 apply to it⁶.

How long does a bitten child have to sue in Florida?

Generally the same two years as an adult, counted from the bite, because Florida does not pause the deadline for minors who have a parent or guardian^3,4. Only when no parent or guardian exists, or the parent's interest conflicts with the child's, is the clock stopped, and then suit must still come within seven years⁴. The “Bad Dog” sign defense never applies to a child under 6¹.

I was bitten while working at a kennel or grooming shop. Can I sue the dog's owner?

Yes. In Wipperfurth v. Huie, 654 So. 2d 116 (Fla. 1995), the Florida Supreme Court held the owner of a boarded dog liable under § 767.04 to the kennel worker it bit, and rejected the independent-contractor defense⁷. Your employer's workers' compensation coverage is a separate question; see dog bites at work.

Will a dog be put down after biting someone in Florida?

Not automatically. A dog that kills a person, or a declared dangerous dog that bites again, must be destroyed after notice and a chance for a hearing; a dog declared dangerous for causing severe injury may be¹⁵. The details are on the Florida dangerous dog law page.

Official contacts

Sources

1. Florida Statutes § 767.04, Dog owner's liability for damages to persons bitten, The Florida Legislature. Checked 17 October 2026.
2. Florida Statutes § 767.01, Dog owner's liability for damages to persons, domestic animals, or livestock, The Florida Legislature. Checked 17 October 2026.
3. Florida Statutes § 95.11, Limitations other than for the recovery of real property, The Florida Legislature. Checked 17 October 2026.
4. Florida Statutes § 95.051, When limitations tolled, The Florida Legislature. Checked 17 October 2026.
5. Florida Statutes § 768.81, Comparative fault, The Florida Legislature. Checked 17 October 2026.
6. Kilpatrick v. Sklar, 548 So. 2d 215 (Fla. 1989), Caselaw Access Project, Harvard Law School. Checked 17 October 2026.
7. Wipperfurth v. Huie, 654 So. 2d 116 (Fla. 1995), Caselaw Access Project, Harvard Law School. Checked 17 October 2026.
8. Sutherland ex rel. Sutherland v. Pell, 738 So. 2d 1016 (Fla. 2d DCA 1999), Caselaw Access Project, Harvard Law School. Checked 17 October 2026.
9. Olave v. Howard, 547 So. 2d 349 (Fla. 3d DCA 1989), Caselaw Access Project, Harvard Law School. Checked 17 October 2026.
10. Tran v. Bancroft, 648 So. 2d 314 (Fla. 4th DCA 1995), Caselaw Access Project, Harvard Law School. Checked 17 October 2026.
11. Florida Statutes § 768.28, Waiver of sovereign immunity in tort actions, The Florida Legislature. Checked 17 October 2026.
12. Florida Statutes § 768.72, Pleading in civil actions; claim for punitive damages, The Florida Legislature. Checked 17 October 2026.
13. Florida Statutes § 768.73, Punitive damages; limitation, The Florida Legislature. Checked 17 October 2026.
14. Florida Statutes § 768.0427, Admissibility of evidence to prove medical expenses, The Florida Legislature. Checked 17 October 2026.
15. Florida Statutes chapter 767, part II, Dangerous Dogs (§§ 767.10–767.16), The Florida Legislature. Checked 17 October 2026.
16. CS/HB 593 (2025), Dangerous Dogs (Pam Rock Act), ch. 2025-61, Laws of Florida, The Florida Senate. Checked 17 October 2026.
17. HB 941 (2023), Authorization of Restriction Concerning Dogs, ch. 2023-253, Laws of Florida, The Florida Senate. Checked 17 October 2026.
18. Florida Statutes § 828.30, Rabies vaccination of dogs, cats, and ferrets, The Florida Legislature. Checked 17 October 2026.
19. Rule 64D-3.029, F.A.C., Diseases or Conditions to be Reported, Florida Department of State, Florida Administrative Code. Checked 17 October 2026.
20. Rabies, Florida Department of Health. Checked 17 October 2026.
21. Rabies Surveillance, Florida Department of Health in Escambia County. Checked 17 October 2026.
22. Animal Bites and Scratches: Guidance for Medical Professionals, Florida Department of Health in Hillsborough County. Checked 17 October 2026.
23. CS/CS/HB 837 (2023), Civil Remedies, ch. 2023-15, Laws of Florida, The Florida Senate. Checked 17 October 2026.