Bitten by a Dog in Florida? The Law Is on Your Side. We Are Too.
The immediate aftermath of a dog attack is a blur of shock, pain, and fear. One moment you or your child are enjoying a walk in your neighborhood, visiting a friend’s home, or relaxing in a public park; the next, you are dealing with a serious, traumatic injury. While the dog’s owner may be apologetic, their insurance company has a team of adjusters trained to protect their profits by minimizing your claim or blaming you for the attack.
This is where we step in. At Chalik & Chalik Injury Lawyers, we have a deep understanding of Florida’s powerful dog bite laws. We are not just personal injury attorneys; we are dedicated advocates for victims across the state. We know that these are not minor incidents—they are serious events with lasting consequences, and we are committed to holding negligent owners accountable and securing the full compensation you deserve.
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(855) 529-0269Understanding Florida’s Strict Liability Dog Bite Law: A Powerful Advantage for Victims
Florida law is unique and exceptionally favorable to victims of dog bites. Unlike many other states that require a victim to prove a dog had a known history of aggression (the “one-bite rule”), Florida operates under a “strict liability” statute, Florida Statutes § 767.04. The law is clear and direct:
“The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including 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.”
What this means for you is simple: If a dog bites you, the owner is liable. It does not matter if the dog had never been aggressive before. It does not matter if the owner thought their dog was harmless. If you were in a public place or lawfully on private property, the owner is responsible. This powerful statute provides the legal foundation for your case and is the starting point from which we build our strategy.
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Defeating the Insurance Company’s Defenses
Even with Florida’s strict liability law, a dog owner’s insurance company will not simply write a fair check. Their lawyers will attempt to reduce or eliminate their liability by using specific defenses allowed under the statute. Our deep knowledge of Florida law allows us to anticipate and dismantle these arguments.
The “Comparative Negligence” Argument
The most common defense is to claim the victim provoked the dog or was otherwise negligent. Under Florida’s “comparative negligence” rule, a court can reduce your compensation by the percentage you are found to be at fault. We fight this by gathering crucial evidence—witness statements, video footage, and expert testimony on animal behavior—to demonstrate that you acted reasonably and that the owner’s failure to control their animal was the sole cause of the attack.
The “Bad Dog” Sign Defense and Its Limits
Florida law allows an owner to limit their liability if they displayed an easily readable sign in a prominent place that includes the words “Bad Dog.” However, this defense is not absolute and has critical exceptions that we can use to protect you:
- The “Under 6” Exception: This defense is completely invalid if the victim is a child under the age of 6.
- The Owner’s Negligence Exception: The sign provides no protection if your injuries were directly caused by a negligent act or omission of the owner, separate from the bite itself (for example, if the owner commanded the dog to attack or failed to secure a gate).
The “Trespassing” Accusation
Strict liability protection generally applies only if you are in a public place or *lawfully* on private property (as a guest, visitor, or for work-related purposes). While trespassing can be a valid defense for the owner, the definition of “lawful presence” is broad. We work to establish your legal right to be on the property at the time of the attack, nullifying this defense.
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(855) 529-0269Beyond the Bite: Recovering the Full Scope of Your Damages
A dog attack leaves more than just physical scars. The emotional and financial toll can be devastating and long-lasting. Our goal is to secure compensation that addresses every aspect of your suffering.
- Complete Medical Care: We demand compensation not just for the initial ER visit, but for the full scope of treatment, including reconstructive or plastic surgery to minimize scarring, physical therapy, and treatment for infections like cellulitis or rabies.
- Lost Income & Earning Capacity: We recover all wages lost during your recovery. If the injury—such as nerve damage to a hand or a permanent limp—prevents you from returning to your job or career, we hire economic experts to calculate the full value of your diminished future earning capacity.
- Pain, Suffering & Disfigurement: This addresses the physical pain of the injury and the emotional distress of living with permanent, visible scars, especially on the face, hands, or arms.
- Psychological Trauma: We take the invisible wounds seriously. Many victims, especially children, develop post-traumatic stress disorder (PTSD), anxiety, and a lifelong fear of dogs (cynophobia). We ensure the cost of therapy and psychological treatment is included in your claim.
The Chalik & Chalik Promise: Direct Partner Access for Your Case
A dog bite case is intensely personal. When you are reliving a traumatic event, you deserve an attorney who provides both elite legal skill and genuine compassion. At our firm, you are not a case file. You are our client. That is why your case will be handled directly by founding partners Jason and Debi Chalik.
You will have our direct numbers and unwavering support. This partner-led approach ensures your case benefits from decades of experience and a personal commitment to your family’s recovery. We offer our services on a contingency-fee basis, which means you pay absolutely nothing unless we win your case.
The statute of limitations in Florida is short. Do not wait for an insurance adjuster to dictate the value of your pain. Contact Chalik & Chalik Injury Lawyers today for a free, no-obligation consultation and let us fight for the justice you and your family deserve.
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