Their Dog. Your Injuries. Florida Law Puts the Responsibility Exactly Where It Belongs.
Under Florida Statute 767.04, a dog owner is liable whether or not that dog ever bit anyone before. You were lawfully where you were. The law is on your side.
Florida’s Strict Liability Law Puts the Burden on the Owner, Not You.
Under Florida Statute 767.04, the owner of a dog that bites someone in a public place, or in any private place where the victim was lawfully present, is automatically liable for damages regardless of whether the dog ever showed aggression before. You do not need to prove the owner was negligent. If you were bitten while lawfully where you were, the owner owes you compensation.
Florida is one of the strongest states in the country for animal bite victims. The strict liability rule under 767.04 was specifically designed to prevent owners from escaping responsibility by claiming they did not know their dog was dangerous. Dog bites happen in an instant. The injuries, lacerations, infections, permanent scarring, and psychological trauma can last a lifetime.
Florida’s 2023 Tort Reform Act (HB 837) changed the rules in ways that directly affect your case: the window to file a claim was cut from four years to two, and a new comparative fault threshold now bars recovery entirely if you are found more than 50% responsible. Insurance companies know these rules and use them aggressively. You need an attorney who knows them better.
- → Adults and children bitten by dogs at homes, parks, or public spaces
- → Tenants bitten by a neighbor’s dog at an apartment or condo complex
- → Delivery workers and service professionals attacked on the job
- → Children who suffered facial, hand, or body injuries from dog attacks
- → Victims of cat attacks, exotic animal injuries, or other animal bites
- → Individuals whose claims were denied or undervalued by homeowners’ insurance
What We Handle
From strict liability dog bite claims to insurance disputes and catastrophic attack injuries, we handle the full spectrum of animal bite cases throughout Palm Beach County and South Florida.
Dog Bite Strict Liability Claims
Florida 767.04 makes the owner automatically liable. We build your claim, gather evidence, secure medical records, and demand full compensation including future medical costs.
Fla. Stat. 767.04
Cat & Exotic Animal Attacks
When a cat, horse, or exotic animal causes injury, strict liability may not apply but the owner can still be held liable under negligence. We evaluate which theory produces the best result.
Negligence Theory
Landlord & Property Owner Liability
If you were bitten at an apartment complex, rental property, or commercial premises where management knew a dangerous animal was present, the property owner may share liability.
Premises Liability
Children’s Dog Bite Cases
Children suffer the highest rate of severe bites, often to the face and head. The Bad Dog sign defense does not apply to victims under age six. We protect children’s right to full compensation.
No Sign Defense Under 6
Insurance Claim Disputes
Most dog bite claims are paid through homeowners’ or renters’ insurance. When insurers deny, delay, or undervalue your claim, we negotiate aggressively and file suit when necessary.
Insurance Litigation
Scarring, Disfigurement & Emotional Injury
Animal bites leave physical and psychological scars. We pursue compensation for permanent disfigurement, post-traumatic stress, and the full emotional impact of a violent attack.
Full Damages Recovery
Florida Animal Bite Law: What the Details Actually Mean for Your Case
Insurance companies and opposing counsel know these rules. Here is a plain-language breakdown of the Florida law that governs your case.
Florida’s Strict Liability Dog Bite Law (767.04)
Florida Statute 767.04 makes dog owners liable for bite injuries without requiring the victim to prove the dog ever acted aggressively before, that the owner knew about prior biting behavior, or that the owner did anything wrong. Liability is automatic if the bite occurred in a public place or at any private location where the victim was lawfully present.
- No prior history of aggression required
- Owner’s knowledge of viciousness is irrelevant
- Applies to public places: sidewalks, parks, beaches, parking lots
- Applies to private property when victim is lawfully present
- Applies to workers performing official duties at private property
The Two-Year Filing Deadline (HB 837, March 2023)
Florida’s 2023 Tort Reform Act (HB 837), effective March 24, 2023, cut the statute of limitations for dog bite claims from four years to two years. Missing the deadline is fatal: the case is dismissed and the right to compensation is permanently lost, regardless of injury severity.
- Bites before March 24, 2023: four-year deadline may still apply
- Bites on or after March 24, 2023: two-year deadline applies
- Clock starts on the date of the bite, not the date you hire an attorney
- Ongoing insurance negotiations do not pause the statute of limitations
Modified Comparative Fault: The 51% Bar
HB 837 changed Florida from a pure comparative fault state to a modified comparative fault state. If you are found more than 50% at fault for the bite incident, you recover nothing. Insurance companies use provocation arguments specifically to push victim fault above 51% and eliminate your recovery entirely.
- 50% or less at fault: you recover your damages minus your percentage
- 51% or more at fault: you recover nothing
- Provocation is the most common tactic used to shift fault to victims
- Children under 6 are typically held to a lower standard of fault
The Bad Dog Sign Defense and When It Does Not Apply
Under 767.04, a dog owner who posts a prominently placed, easily readable Bad Dog sign is not liable under the strict liability statute, with one critical exception: the sign defense does not protect the owner if the victim is under the age of six.
- Sign must be prominent and easily readable to be effective
- Sign defense is completely unavailable when victim is under 6
- Victim can still pursue negligence claims even when sign defense applies
- A sign placed after the attack does not apply retroactively
What Damages Are Available After a Dog Bite in Florida
Animal bite injuries are not just physical. Florida law allows victims to pursue the full scope of damages caused by the attack.
- Emergency care, wound treatment, infection treatment, and future medical costs
- Plastic surgery and reconstructive procedures for scarring
- Lost wages during recovery
- Loss of future earning capacity if injuries are permanent
- Physical pain and suffering and reduced quality of life
- Permanent scarring and disfigurement, especially facial and hand injuries
- Emotional distress, post-traumatic stress, and psychological counseling costs
How Insurance Companies Fight Dog Bite Claims
Most dog bite claims are made against homeowners’ or renters’ insurance. Insurers have strong financial incentives to minimize what they pay and use predictable tactics to do it.
- Provocation arguments: claiming you startled or agitated the dog
- Trespasser allegations: arguing you were not lawfully on the property
- Pre-existing condition disputes: attributing injuries to prior conditions
- Low early settlement offers before the full extent of injuries is known
- Recorded statement traps: using your own words out of context
Why Choose a Dog Bite Lawyer in Florida
Animal bite victims in Palm Beach County choose Ludwin Law Group because Adam Ludwin combines deep knowledge of Florida’s strict liability statute with the litigation skills to take cases to trial when insurers refuse to pay fairly. Ludwin Law Group is a boutique civil litigation firm where cases are handled with close attorney oversight and personalized attention from start to finish.
We know the strict liability statute and the 2023 tort reform changes inside and out, including how insurers exploit the new comparative fault rules to avoid paying claims.
From preserving bite reports, animal control records, and medical documentation to negotiating with insurers and filing suit when needed, we manage everything.
Insurance companies know which attorneys will take a case to trial. We build every case as if it is going to court, which consistently produces better settlement outcomes.
Our reputation is built on results and the way we treat clients. We return calls and never leave you wondering where your case stands.
Ludwin Law Group takes a limited number of cases so each one receives rigorous, attentive representation from intake through resolution.
Ludwin Law Group is a boutique civil litigation firm where cases are handled with close attorney oversight and personalized attention from start to finish. We take a limited number of animal bite cases so that each one receives the focused, rigorous representation it deserves.
We handle cases throughout Palm Beach County, Broward County, and South Florida. If you are unsure whether you have a case, call us anyway. The consultation is free and carries no obligation.
What Happens When You Call Us
Free Case Review
Tell us what happened. We evaluate your bite, the circumstances, applicable Florida law, and the likely insurance coverage at no cost and with no obligation.
Evidence Preservation
We secure the animal control report, document injuries, gather witness information, and request medical records before evidence disappears or the insurance narrative sets in.
Insurance Demand
We submit a comprehensive demand letter documenting your full damages and negotiate directly with the homeowners’ or renters’ insurer. We do not accept lowball offers.
Resolution or Trial
Most cases resolve through negotiated settlement. When an insurer refuses to pay fairly, we file suit and take the case through civil litigation to trial.
Their Dog. Your Injuries. Let’s Make This Right.
Florida law is clear. You were where you were allowed to be. The owner is responsible. We will make sure that responsibility is enforced.
Frequently Asked Questions: Dog Bite & Animal Attack Law in Florida
Questions people commonly ask before contacting us. If your situation is not covered here, call. Consultations are free.
Under Florida Statute 767.04, the owner of a dog that bites a person in a public place or while that person is lawfully on private property is liable for damages. Liability is automatic: no proof of prior dangerous behavior is required. In some cases, a landlord or property manager may also share liability if they knew a dangerous animal was on the premises and failed to act.
No. Florida’s strict liability statute eliminates the old one-bite rule that required victims to prove the owner knew about prior aggression. Under 767.04, the dog’s history is entirely irrelevant to liability. Whether it was the dog’s first bite or its tenth, the owner owes you compensation if you were lawfully where you were when the bite occurred.
For bites occurring on or after March 24, 2023, Florida’s 2023 Tort Reform Act reduced the statute of limitations from four years to two years. If you were bitten before that date, the four-year window may still apply. Missing this deadline permanently eliminates your right to compensation. Do not wait.
Seek emergency treatment even if the wound appears minor: dog bites carry serious infection risks. Photograph the scene and your injuries before leaving if possible. Report the bite to local animal control and get the report number. Obtain the dog owner’s name, contact information, and insurance details. Do not give a recorded statement to any insurance company before speaking with an attorney.
If you were bitten in a common area of an apartment or rental property, the property owner or management company may share liability alongside the dog’s owner. Landlords and property managers who knew a tenant kept a dangerous animal and failed to act can be held responsible. We evaluate both the dog owner’s strict liability and the property owner’s potential negligence in every rental property bite case.
You may still recover damages as long as you are not found more than 50% at fault. Under Florida’s modified comparative fault rule, your recovery is reduced by your percentage of fault. But if you are found 51% or more at fault, you recover nothing. Insurance companies aggressively try to push victim fault above 51%, which is exactly why experienced representation and early evidence preservation matter.
A prominently posted Bad Dog sign can limit strict liability claims by adult victims, but it does not apply at all when the victim is under 6 years old. And even when the sign defense applies, the owner can still be held liable for independent negligence: allowing the dog to run loose, failing to properly confine it, or ignoring a prior court order.
Florida law allows recovery for the full scope of damages: emergency and ongoing medical expenses, lost wages, loss of future earning capacity, physical pain and suffering, permanent scarring and disfigurement, and emotional distress including post-traumatic stress. Because scarring and psychological harm often develop over time, it is important not to accept a settlement before the full picture is clear.
Do not accept any settlement offer before consulting an attorney. Insurers make fast, early offers specifically to close claims before the full extent of injury, required surgery, or psychological harm is known. Once you sign a release, you permanently waive the right to seek additional compensation. A consultation with us is free and carries no obligation.
Yes. Ludwin Law Group represents dog bite and animal attack victims throughout Florida, including Palm Beach County, Broward County, and Miami-Dade County. Our office is in Delray Beach, but we handle cases across the state wherever Florida's strict liability statute applies.
Adam M. Ludwin, Esq.
Civil Litigation & Personal Injury Attorney, Delray Beach, FL
Adam M. Ludwin, Esq.
Founder, Ludwin Law Group, P.A.
As a dog bite lawyer Florida residents in Palm Beach County rely on, Adam Ludwin founded Ludwin Law Group to give Palm Beach County residents the kind of rigorous, attentive litigation representation that large firms reserve for their biggest clients. Animal bite cases matter to this firm because behind every case are real injuries, medical bills, missed work, permanent scars, and insurance companies that treat injured people as line items.
Ludwin Law Group is a boutique civil litigation firm with close attorney oversight at every stage. Adam knows Florida’s strict liability statute, understands exactly how HB 837 changed the landscape for victims, and the firm is prepared to take every case to trial if that is what it takes to recover fair compensation.
- Florida Bar
- Federal Bar, SDFL
- American Bar Association
- 5.0 Martindale-Hubbell
- J.D. Nova Southeastern University
- B.S. Finance, Penn State