Dog bite cases in Florida are governed by Florida Statute 767.04.  In pertinent part, Statute 767.04 provides that the “owner of any dog that bites any person while such person is on…the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”  “Owner” includes any person, firm, corporation, or organization possessing, harboring, keeping or having control or custody of a dog.

The Statute imposes absolute liability upon the dog owner when the dog-bite victim is in a public place or lawfully on or in a private place except when the dog is carelessly or mischievously provoked or when the owner displays in a prominent place on the premises a sign easily readable including the words “Bad Dog.”  The presence of this sign does not apply to a person under the age of 6.

By displaying a proper “bad dog” sign, an owner may escape liability.  However, this defense maybe attacked in several ways.  First, it may be that the sign(s) were not in a prominent place, were not easily readable, or did not include the exact words “bad dog.”   Second, the statutory language does contain a qualifier that bypasses the sign defense if damages “are proximately caused by a negligent act or omission of the owner.”  For example, if an owner tells a visitor to ignore the sign, or indicates that the dog is not dangerous, the defense of the sign may not apply.

It is important when bitten by a dog to notify the owner immediately, notify animal control officials, photograph the bite, and seek medical attention.  The counsel of qualified legal representation is advisable as soon as possible after the bite, especially in cases of severe damage.

Pam Olsen, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Olsen works out of the Ocala office of the firm and welcomes questions and comments regarding the above and can be reached at polsen@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

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