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Understanding Florida and Okaloosa County Dog Bite Laws
Florida Statute § 767.04, often referred to as Florida's dog bite law, serves as a critical measure for protecting victims of dog attacks in the Sunshine State. Here are some key points to know:
Strict Liability
The concept of strict liability is the most important aspect of Florida’s dog bite law. This means that a dog owner is liable for any harm their dog causes when it bites someone, regardless of whether the owner knew the dog had a tendency to be vicious or had bitten someone before.
If a dog bites you, and you were either in a public place or lawfully on private property (including the dog owner's property as a guest or for a legal purpose), the owner is generally responsible for your resulting injuries. You typically do not have to prove that the owner was negligent in some way.
"Lawfully on private property" is a crucial phrase — it means that you were not trespassing. If you were an invited guest, mail carrier, utility worker, or anyone else with a legitimate reason to be on the property, you are generally covered.
Common Defenses an Owner Might Use
While Florida’s dog bite law favors victims, animal owners (or their insurance companies) may raise certain defenses to avoid or reduce their liability. These can include the following:
Provocation
If the dog owner can prove that the victim provoked the animal (by teasing, tormenting, or abusing it, for example), leading directly to the bite, this could reduce their liability.
Trespassing
If the victim was on the property illegally (trespassing) when the bite occurred, the owner may not be liable under § 767.04.
"Bad Dog" Sign
If a dog owner has displayed an easily readable sign including the words "bad dog" in a prominent place on their property, they generally are not liable for any injuries suffered by a person bitten by the dog on the premises. However, this defense does not apply if:
- The bite victim is under the age of six.
- The harm was proximately caused by a negligent act or omission of the owner (not the mere presence of the dog on the premises).
Comparative Negligence
If the victim's own negligence contributed to their injuries (e.g., knowingly approaching a dog known to be aggressive without caution or ignoring clear warnings), their compensation might be reduced proportionally to their degree of fault.
It is important to note that the "one bite rule" does not apply in Florida. Unlike some states that follow a rule that says an owner might not be liable for the first bite if they did not know their dog was dangerous, Florida's strict liability statute holds owners accountable from the first incident, provided the conditions of the statute are met.
It is also worth noting that strict liability under § 767.04 applies specifically to bites. If a dog causes injury by knocking someone down or scratching them, the resulting legal claim would typically be pursued under general negligence principles, requiring proof that the owner failed to use reasonable care.
Furthermore, Okaloosa County ordinances (specifically Chapter 5, “Animals and Fowl”) and state statutes require dog owners to maintain full control of their animals.
Dogs must generally be behind a secure fence or on a leash strong enough to restrain the animal at all times when not on the owner's property. Failure to adhere to local and county leash laws could be a central factor in your case, potentially demonstrating negligence outside the strict liability statute.
Understanding these legal nuances is critical. Our knowledgeable Fort Walton Beach dog bite lawyers can analyze the specifics of your incident and explain how Florida Statute § 767.04 applies to your potential claim.
During your free consultation, our attorneys can explain whether you have a strong case under Florida’s strict liability laws and relevant Okaloosa County ordinances for dog bites and other animal attacks.
Types of Dog Bite Injuries We Handle for Our Fort Walton Beach Clients
Dog bites can cause a wide range of injuries, from minor to severe. Our Fort Walton Beach dog bite attorneys have experience helping clients who have suffered the following forms of harm:
Lacerations and Puncture Wounds
These are the most common types of dog bite injuries. A dog’s teeth can penetrate the skin deeply, and even seemingly minor wounds can require extensive medical care. Seeking financial compensation through a dog bite claim can help you access appropriate medical treatment, including plastic surgery for scarring.
Infections
It is easy for bacteria to infect the wound, or for the victim to contract Rabies if the animal has not been vaccinated. Infections may necessitate hospitalization, prescription of powerful antibiotics, and even surgery.
Nerve Damage
Severe dog bites can damage nerves, resulting in numbness, tingling, weakness, or loss of function in the affected area. This type of damage can have long-term consequences. Our attorneys will work tirelessly to get you the compensation you need for ongoing medical care and rehabilitation.
Scarring and Disfigurement
Dog bites can produce permanent scarring and disfigurement that require plastic surgery or other corrective procedures. We understand the distress these injuries can cause, especially in cases of facial scarring. We can help you pursue compensation that covers both the cost of treatment and the emotional impact of an altered appearance.
Broken Bones
Larger dogs can bite with enough force to fracture bones, especially in children or the elderly. Broken bones can be particularly painful and often come with lengthy recovery periods and temporary disability or immobilization.
Emotional Distress
A dog attack is a traumatic event, one that can lead to anxiety, cynophobia (fear of dogs), nightmares, post-traumatic stress disorder (PTSD), and other psychological injuries. We can help you seek fair payment for the trauma you have endured.
