Understanding Florida's Strict Liability Animal Bites Law
When you or a family member is attacked by an animal in Crestview, it is important to understand that Florida law provides strong protections for victims. While our focus is often on dog bites due to their frequency, the legal principles in Florida are robust. The cornerstone of this protection is the legal doctrine of "strict liability". This concept makes Florida one of the most favorable states for victims of animal attacks, and it is a critical tool our attorneys use to fight for you.
What "Strict Liability" Means for You
In many other states, a victim might have to prove that an owner knew their dog was dangerous, often through a previous bite â known as the "one-bite rule". Florida thankfully rejects this outdated and unfair standard. Under Florida Statute 767.04, the law is much more precise and direct. In simple terms, strict liability means:
- There is no "one-bite rule": The owner is held responsible even if their dog has never shown any aggression or bitten anyone before. The dog's past behavior is not a defense for the owner. The very first bite is enough to establish liability.
- The owner is responsible: The focus is on the owner's responsibility for their animal's actions, not their knowledge of the animal's temperament. If their dog bites someone, the owner is legally liable for the resulting damages.
- Lawful presence is key: This law protects individuals on public property (such as a park, sidewalk, or street) or on private property (as an invited guest, a mail carrier, or a contractor performing work).

Potential Defenses and Why You Need an Attorney
While strict liability is a powerful tool in winning compensation for our clients, it is not absolute. An owner's insurance company will use experienced adjusters, investigators, and lawyers to look for any possible way to reduce or deny your claim. They will often try to use specific legal defenses, which is why having a knowledgeable Crestview personal injury attorney is crucial.
Common defenses include:
- The "Bad Dog" sign: Florida law allows an owner to reduce their liability if they displayed an easily readable sign in a prominent place that includes the words "bad dog". However, this defense is not a complete shield. It can introduce the concept of comparative negligence, in which the insurance company argues that you are partially at fault for proceeding despite the warning. Our attorneys know how to challenge this defense, especially in cases where the sign was not clearly visible or where the victim is a child under 6, as the law presumes a young child cannot be negligent.
- Provocation: The insurance company may claim that you, your child, or another person provoked, tormented, or aggravated the dog, leading to the attack. We will thoroughly investigate the circumstances to counter false claims of provocation.
- Trespassing: The strict liability statute generally does not apply if the person bitten was unlawfully on the property (trespassing). We will work to establish that you or your loved one had a legal right to be where the attack occurred.
Navigating these defenses requires a deep understanding of Florida law and experience in fighting back against unfair insurance company tactics. The attorneys at Michles & Booth will meticulously investigate your case, build a powerful claim based on strict liability, and skillfully challenge any defenses raised to ensure you receive the maximum compensation you are entitled to.

Seeking Compensation for Serious Dog Bite Injuries
A dog bite is more than a simple wound; it can lead to a host of serious, long-lasting complications. Our firm is dedicated to ensuring you are compensated for the full extent of your injuries, which often include:
- Puncture wounds and lacerations: Deep cuts and tears to the skin and muscle that carry a high risk of infection and often require stitches or even surgery.
- Nerve damage: A deep bite can sever or damage nerves, leading to chronic pain, numbness, or loss of function in the affected area.
- Scarring and disfigurement: Dog attacks, particularly to the face, hands, and legs, can leave permanent and emotionally damaging scars that may require costly reconstructive or plastic surgery.
- Emotional and psychological trauma: The terror of an animal attack can lead to long-term psychological effects, including post-traumatic stress disorder (PTSD), anxiety, and a lifelong fear of dogs, especially in children.
Fighting for the Full Compensation You Deserve
Our goal is to secure a financial recovery that covers every aspect of your loss. We will fight for compensation for:
- All medical expenses: Including emergency room bills, hospital stays, surgery, reconstructive procedures, and psychological counseling.
- Future medical care: Costs for future treatments, such as scar revision surgery or ongoing therapy.
- Lost wages: Income you lost while unable to work during your recovery.
- Pain and suffering: Compensation for the physical pain and emotional trauma you have endured.
- Scarring and disfigurement: Damages for the permanent physical changes caused by the attack.








