Florida Dog Bite Defense
Florida imposes strict liability on dog owners (Fla. Stat. § 767.04), but defenses remain: the victim's comparative fault reduces recovery, a prominently displayed 'Bad Dog' sign can limit liability (except against young children or where the owner was negligent), and the victim must have been lawfully present.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Florida defense attorney about the specific facts.
Florida’s dog-bite statute (Fla. Stat. § 767.04) imposes strict liability — but “strict liability” doesn’t mean “no defense.” Several defenses still apply.
The defenses that survive strict liability
- Lawful presence. The statute applies only when the victim was lawfully on public property or private property. A trespasser generally falls outside its protection.
- Comparative fault. The bite victim’s own negligence reduces the owner’s liability proportionally (the statute expressly contemplates this), and under Florida’s broader comparative-fault rule a plaintiff more than 50% at fault recovers nothing.
- Provocation. Conduct that provoked the dog supports a comparative-fault reduction.
- The “Bad Dog” sign. An owner who prominently displays an easily readable “Bad Dog” sign can limit liability — except when the victim is a child under 6, or where the owner’s own negligent act caused the injury.
The deadline
A dog-bite claim is generally subject to the two-year deadline (Fla. Stat. § 95.11) for claims accruing on or after March 24, 2023 — and a late filing is a complete defense.
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Start your free intakeFrequently asked questions
- If Florida is a strict-liability state, can a dog owner defend at all?
- Yes. Even under strict liability (Fla. Stat. § 767.04), the owner can reduce or limit liability through the victim's comparative fault, a properly displayed 'Bad Dog' sign, the victim's unlawful presence, or provocation of the dog.
- How does the 'Bad Dog' sign defense work?
- A prominently displayed, easily readable 'Bad Dog' sign can limit the owner's liability — but not when the victim is a child under 6, and not where the owner's own negligence caused the bite (Fla. Stat. § 767.04).
- Does the victim's own conduct matter?
- Yes. The bite victim's negligence reduces the owner's liability proportionally, and provoking the dog or trespassing can be significant defenses.
Sources
Related guides
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