A Miami dog attack accident lawyer in Florida, a dog’s owner is liable when their dog bites someone in a public place or lawfully on private property — and that liability applies regardless of whether the dog had ever bitten anyone before or whether the owner knew the dog was dangerous. Under Florida’s strict-liability dog-bite statute (Fla. Stat. § 767.04), Florida is not a “one free bite” state. A victim does not have to prove the owner was careless, only that a lawful bite occurred.
That principle is being tested again in a recently filed Palm Beach County lawsuit. According to BocaNewsNow, the complaint alleges that two American Bulldogs broke free from a room where they had been shut away and repeatedly bit a 4-year-old girl in the face at a Florida Keys vacation-rental home in Islamorada, leaving permanent injuries. The suit reportedly relies on Florida’s strict dog-bite statute and adds negligence and negligent-security claims against the company that owns the rental property. These allegations have not been proven in court, and we offer no opinion on the merits of that pending case. But the legal framework it raises affects Florida families every day.
Florida’s Strict-Liability Dog-Bite Statute
Florida’s dog-bite law is one of the most protective in the country for bite victims. Under § 767.04, a dog owner is liable for damages when the dog bites a person who is:
- In a public place — a sidewalk, park, or street, or
- Lawfully in a private place, including the owner’s own property, when the visitor was invited or had a legal right to be there (such as a mail carrier, guest, or delivery worker).
The key word is strict. In many states, a victim must show the owner knew the dog had dangerous tendencies — the so-called “one free bite” rule. Florida rejects that. The dog’s gentle history, its breed, and whether it had ever shown aggression are generally irrelevant to the owner’s liability. If you were lawfully present and the dog bit you, the owner can be held responsible.
If you or your child has been hurt, a Florida dog bite attorney can explain how the statute applies to your situation.
The “Bad Dog” Sign Defense — and Why It Doesn’t Protect Owners From Child Injuries
Florida law gives owners one notable defense. If an owner prominently displays an easily readable sign that includes the words “Bad Dog,” that warning may reduce or limit the owner’s liability — the theory being that the visitor was put on notice.
That defense has an important limit. Under § 767.04, the “Bad Dog” sign defense does not apply when the bite victim is under 6 years old. The law recognizes that a young child cannot read a warning sign or appreciate the danger. In the case reported by BocaNewsNow, the child is 4 — squarely within the group the statute is designed to protect. For families, the takeaway is simple: a posted sign generally cannot shield an owner from responsibility for injuries to a small child.
Comparative Negligence: How Fault-Sharing Affects a Claim
Florida’s dog-bite statute contains its own comparative-negligence provision. Under § 767.04, the owner’s liability is reduced by the percentage that the bitten person’s own negligence contributed to the incident. For example, if someone provoked or teased the dog, a portion of fault might be assigned to that person — but this reduces a recovery; it does not erase it.
Separate negligence and premises claims layered alongside the statute are governed by Florida’s broader tort-reform changes. Under the 2023 reform (HB 837), Florida moved to a modified comparative negligence system for general negligence claims, in which a person found more than 50% at fault is barred from recovering damages. In practice, very young children are rarely assigned meaningful fault under either standard.
Going Beyond the Dog’s Owner: Property Owners and Vacation Rentals
A dog-bite claim is not always limited to the person who owns the dog. The owner of the premises — including a short-term or vacation-rental owner, a property-management company, or the business entity that holds the property — can face separate negligence and negligent-security claims for failing to keep guests reasonably safe from a known-dangerous animal.
This is why families injured at rentals, parties, or other people’s homes should look carefully at every potentially responsible party. A property owner who knew a dangerous dog was on the premises and failed to secure it, warn guests, or take reasonable precautions may bear independent responsibility. These layered claims often matter most when serious injuries exceed a single owner’s available insurance. A Miami dog bite lawyer can help identify who, beyond the dog’s owner, may be accountable.
Children, Facial Injuries, and Long-Term Damages
Dog bites to children are uniquely serious. Because of a child’s height, bites frequently strike the face, head, and neck. These injuries can require emergency treatment, reconstructive and plastic surgery, and years of follow-up care as a child grows. Beyond the physical scars, families often confront lasting emotional trauma.
For these reasons, child dog-bite cases commonly involve permanent scarring and long-term damages — medical costs, future surgeries, pain and suffering, and the impact on a child’s life. Documenting the full scope of harm, including future care, is central to protecting a child’s interests.
Don’t Wait: Florida’s Statute of Limitations
Time limits matter. After Florida’s 2023 tort-reform changes, the statute of limitations for most negligence claims is generally two years from the date of injury (Fla. Stat. § 95.11). Deadlines can vary depending on the facts and the parties involved, and special rules can apply to claims involving minors. Because evidence fades and witnesses move on, the safest course is to speak with an attorney promptly rather than risk losing your right to file.
Frequently Asked Questions
Is Florida a “one free bite” state?
No. Under § 767.04, a dog owner is strictly liable for a bite to a person lawfully on public or private property, regardless of the dog’s prior behavior or whether the owner knew the dog was dangerous.
Does a “Bad Dog” sign protect an owner if a child is bitten?
Generally no. The sign defense under § 767.04 does not apply when the bitten person is under 6 years old, because a young child cannot read or understand the warning.
Can I sue more than just the dog’s owner?
Possibly. Beyond the dog’s owner, a property owner — including a vacation-rental owner or management company — may face separate negligence or negligent-security claims for failing to protect guests from a known-dangerous animal.
How long do I have to file a dog-bite claim in Florida?
The statute of limitations for most negligence claims is generally two years from the date of injury, though deadlines vary by case and special rules can apply to minors. Speak with an attorney quickly to protect your rights.
What if my child was partly to blame?
Florida’s comparative-negligence rules can reduce a recovery by the victim’s share of fault, but very young children are rarely assigned meaningful fault. An attorney can evaluate how these rules apply to your case.
Talk to The Perazzo Law Firm
If your child or a loved one was bitten by a dog in Florida, you do not have to navigate the law alone. The Perazzo Law Firm helps Florida families understand their rights under § 767.04 and pursue every responsible party, including negligent property owners. Attorney Jonathan Perazzo gives each case personal attention, and the firm works on a no-fee-unless-we-win basis with no upfront costs. Past results do not guarantee a similar outcome.
Call 888-PERAZZO any time, day or night, for a free case evaluation, or reach us through our contact page to get started.
This article is for general information only and is not legal advice. The allegations described from the reported lawsuit are unproven, and no outcome is predicted or guaranteed. Past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This is Miami dog bit accident attorney advertising material.