Florida Dog Bite Lawyer
Florida’s Strict Liability Dog Bite Statute
Florida is one of fewer than half the few states in the country that imposes strict liability on dog owners. Florida Statute Section 767.04 provides that the owner of any dog that bites any person while such person is in or on a public place or lawfully in or on 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 owner’s knowledge of such viciousness.
In plain language, that means three things:
- The victim does not need to prove the dog had previously bitten anyone or shown aggression
- The victim does not need to prove the owner was careless
- The bite must happen in a public place or while the victim was lawfully on private property
If those three elements are present, the owner is liable for the bite, period.
What Counts as “Lawfully” on Private Property
A person is generally “lawfully” on private property if they have express or implied permission to be there. That includes guests, mail carriers, package delivery drivers, utility workers, and meter readers. People conducting business at the door, including lawful sales calls, are also typically considered lawfully present. Trespassers are not.
What Does Not Count as a “Bite”
Not every dog injury is a “bite” under the statute. If a dog knocks a person over and the person breaks a hip, that is a dog injury but not technically a bite. Florida law treats those situations under traditional negligence principles, which require proving the owner knew or should have known the dog was dangerous and failed to control it. Many of our cases involve a mix of bite and non-bite injuries, and we plead and prove both theories where appropriate.
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What a Dog Bite Claim Can Recover in Florida
Florida law allows dog bite victims to recover both economic and non-economic damages. Depending on the case, that may include:
- Past and future medical bills, including emergency care, plastic surgery, infection treatment, physical therapy, and mental health treatment
- Lost wages and reduced future earning capacity
- Cost of future reconstructive procedures
- Pain and physical suffering
- Mental anguish and emotional distress
- Permanent scarring and disfigurement
- Loss of enjoyment of life
Scarring damages are often a significant component of dog bite cases, especially when the bite is to the face, the neck, or the hands. Florida juries take permanent disfigurement seriously. Our office documents scarring carefully, with photographs taken at the right intervals as the wounds heal.
What to Do After a Florida Dog Bite
The first few hours and days after a dog bite are some of the most important.
- Get medical care immediately, even if the bite seems minor. Dog mouths carry bacteria that cause aggressive infections, and rabies and tetanus risks have to be evaluated.
- Identify the dog and the owner, and get the owner’s contact information. Find out whether the dog is up to date on its rabies vaccination.
- Report the bite to local animal control. Florida law requires it, and the animal control file becomes important evidence.
- Take photographs of the injuries at the scene, in the emergency department, and during recovery.
- Save any clothing or shoes that were torn or bloodied.
- Get the names and phone numbers of witnesses.
- Do not give a recorded statement to any insurance company before talking to a lawyer.
- Call a Florida dog bite lawyer for a free review.
If your child was bitten, take the same steps and document everything. Children often delay reporting symptoms, especially emotional ones, and a contemporaneous record helps build the case.
How Tarnovsky Lopez Handles Dog Bite Cases
Most Florida dog bite claims are paid through the dog owner’s homeowner’s insurance, with renter’s insurance and umbrella policies sometimes coming into play. Insurance carriers know that scarring and disfigurement carry value with juries, and they often try to settle these cases quickly and cheaply, before the victim has had time to see a plastic surgeon and understand the true cost of reconstruction.
Our approach is to slow the process down, build the case properly, and only negotiate from a position of complete information. That includes:
- Securing the animal control report, the police report, and any prior bite history for the dog
- Identifying every available source of insurance, including homeowner’s, renter’s, landlord’s, and umbrella policies
- Coordinating with treating providers, including emergency medicine, plastic surgery, and infectious disease specialists
- Documenting scarring with timed photographs, sometimes for a year or more after the bite
- Working with mental health providers and, in serious cases, retaining experts to address PTSD and emotional damages
- Preparing the case for trial from day one, even when a settlement is the likely outcome
Both founding partners spent years inside firms that defended insurance carriers in injury cases. We use that experience to anticipate every defense and build cases that are hard to discount.
Our Lawyers Provide Personalized Attention & Powerful Advocacy
Alex Lopez, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq
Partner & Attorney at Law
Harry Kaklamanakis, Esq
Associate Attorney at Law
Alex Lopez, Esq
Partner & Attorney at Law
Alex Lopez, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. After graduating law school, he spent 3 years working at one of the top civil litigation law firms in the country. As a former attorney who represented and defended some of the largest insurance companies in the state, Alex Lopez, Esq., was able to gain inside knowledge as to the ins and outs of litigating insurance claims. He now dedicates a 100 percent of his practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Irina Tarnovsky, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. She gained extensive trial experience as an Assistant State Attorney at the Broward County State Attorney’s Office prosecuting crimes from Misdemeanors to violent Felonies with over 30 cases brought to verdict. As a former attorney who represented and defended major insurance companies and a partner at her last firm, Irina Tarnovsky, Esq. was able to gain inside knowledge as to the ins and outs of litigating insurance claims. She now dedicates a 100 percent of her practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Harry Kaklamanakis, Esq
Associate Attorney at Law
As a dedicated trial lawyer specializing in personal injury and first-party property cases, Harry Kaklamanakis Esq is passionate about advocating for those who have been wronged. His journey to the courtroom is deeply rooted in his heritage as a first-generation American, raised by a Greek father and a Greek-Bahamian mother. Growing up in a family of small business owners, he learned invaluable lessons about the power of hard work, and the importance of unwavering commitment to customer service. Harry’s Greek American heritage instilled in him a fervent sense of purpose and a belief in the principles of fairness and integrity. These values fuel his passion for the law and drive his relentless pursuit of justice for his clients. Harry began his legal career as a Public Defender in Palm Beach County, where he had the privilege of defending the rights of some of the most vulnerable members in his community. This experience reinforced his commitment to justice and deepened his understanding of the critical importance of protecting individual rights. It is also where he began to develop and hone his skills in the courtroom. After his tenure at the public defender’s office, Harry transitioned into civil litigation. For two and a half years, Harry served as lead trial counsel for the largest private property insurance company in Florida. During this time, he gained invaluable insight into the inner workings of the insurance industry, which has proven beneficial when representing his clients. Harry has spent thousands of hours in Florida courtrooms, skillfully advocating for his clients and navigating complex legal landscapes. To date, he holds over 32 jury trial verdicts, with the overwhelming majority favoring his clients. Each case he takes on is approached with the utmost dedication and strategic foresight, ensuring that his clients receive the justice, and compensation, they deserve. Harry’s commitment to excellence and his unwavering belief in doing what is right continue to guide him as he fights for his clients’ interests.
Serving the State of Florida.
Why Tarnovsky-Lopez Law Is the Right Choice
for Dog Bite Claims in Florida
Our clients are at the heart of everything we do. Whether it’s helping property owners rebuild after property damage or fighting for justice after a personal injury, we take pride in delivering real results. Read what clients across Florida are saying about their experience with Tarnovsky-Lopez Law.
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Frequently Asked Questions About Dog Bite Cases in Florida
The dog had never bitten anyone before. Do I still have a case under Florida law?
Yes. Florida Statute Section 767.04 imposes strict liability on dog owners regardless of the dog’s prior history. The fact that the dog had never bitten anyone before is not a defense. The owner is liable if you were lawfully present and the bite occurred.
Where does the money come from in a dog bite claim?
Most dog bite claims are paid through the dog owner’s homeowner’s insurance, which typically includes liability coverage for incidents involving the household. Renter’s insurance and umbrella policies sometimes apply. Some homeowner’s policies exclude certain breeds, which can affect the available coverage. We identify and pursue every applicable policy.
How long do I have to file a dog bite claim in Florida?
For dog bites on or after March 24, 2023, the statute of limitations for negligence-based personal injury claims, including dog bite claims, is two years from the date of the bite under Florida Statute Section 95.11(4)(a). Wrongful death claims have a separate two-year deadline. Get a lawyer involved as soon as possible while evidence is fresh.
My child was bitten in the face. The owner says the dog was provoked. What now?
Provocation by a young child is rarely a successful defense in Florida, and the law gives special protection to children younger than six in dog bite cases. Facial injuries to a child also tend to carry significant value because of permanent scarring and the prospect of multiple reconstructive procedures over the child’s life. Document everything and call a lawyer.
The dog ran into the street and I crashed my car trying to avoid it. Can I sue the owner?
Possibly. That is technically not a “bite” case, but a negligence case. If the owner allowed the dog to run loose in violation of local leash laws or otherwise breached the duty of care, the owner can be liable for damages caused by the resulting accident.
What does it cost to hire a Florida dog bite lawyer?
We work on a contingency fee basis. There are no upfront costs, no hourly billing, and no out-of-pocket fees. Our fee is a percentage of the recovery, and if there is no recovery, you owe nothing. We discuss the fee structure at the free case review.
Talk to a Florida Dog Bite Lawyer
A serious dog bite is more than a few stitches and a course of antibiotics. It can mean weeks of wound care, multiple plastic surgery procedures, lasting scars, and real trauma, especially for children. Florida law gives bite victims real tools to recover. Using those tools well takes a lawyer who knows the statute, the defenses, and how the carriers value these cases.
Tarnovsky Lopez Law represents dog bite clients throughout Florida, with offices in Boca Raton and Pensacola and a presence in Melbourne. Russian, Spanish, and Greek language services are available.
Call 561-368-2755 or request a free case review. There are no upfront costs, and there is no fee unless we recover for you.