Miami dog bite lawyers
The dog bite injury attorneys at Bernstein & Maryanoff Injury Attorneys have the knowledge and experience necessary to get top compensation for your dog bite related injuries.
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Since 1983, Jack G. Bernstein has fought for injury victims seeking compensation. He’s involved in every personal injury case handled by the experienced attorneys at his law firm, providing expert oversight for the personal injury lawyers at Bernstein & Maryanoff, and helping to ensure clients recover the maximum compensation available.
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Under Florida Statute 767.04, the owner of a dog is strictly liable for injuries their dog causes to any person in a public place or lawfully on private property, regardless of whether the dog owner knew the dog had ever bitten before. Provocation is a defense the owner of the dog can raise. However, if you did not provoke the animal, your lawyer does not have to prove negligence on the part of the dog’s owner. The only question is how much money you should be awarded for your injury or loss.
Dog bites can leave serious physical and emotional scars on the victim. With approximately 4.5 million people bitten by dogs each year in the U.S. according to the AVMA, and children among the most frequently injured, the financial and emotional toll on dog bite victims can be severe. The personal injury lawyers at Bernstein & Maryanoff Injury Attorneys have the financial resources and experience to help you pursue the maximum compensation for injuries suffered in any animal attack. From our principal office in Miami and numerous other offices across South Florida, we represent clients throughout the state.
Florida dog bite law at a glance
|
Element |
Details |
|
Liability standard |
Strict liability, the dog owner is liable for injuries caused by their dog regardless of prior bite history |
|
Governing statute |
|
|
Where the law applies |
Any public place, or private property where the victim is lawfully present |
|
Available defenses for dog owners |
Provocation by the victim or trespassing without permission |
|
Statute of limitations |
Florida personal injury statute of limitations applies (generally four years from the date of the dog bite) |
|
Comparative fault |
Florida’s comparative negligence law may reduce recovery if the victim shares some fault |
Dog bite insurance claims and compensation in Florida
Homeowners and renters insurance policies typically cover dog bite liability and legal expenses up to the policy limits, usually $100,000 to $300,000. According to the Insurance Information Institute’s 2024 dog bite claims data, Florida ranked second in the nation with 1,821 homeowners insurance dog bite claims in 2024, totaling over $101 million in losses. That puts the state behind only California in total claim volume.
|
Metric |
2024 figure |
|---|---|
|
Florida dog bite insurance claims |
1,821 (ranked #2 in the U.S.) |
|
Total Florida claim payouts |
$101.4 million |
|
Average cost per claim (national) |
$69,272 (up 18.3% from 2023) |
|
Total U.S. dog bite claim costs |
$1.57 billion (up 40.6% from 2023) |
Source: Insurance Information Institute / State Farm, 2024 data
The second avenue of recovery may be against the owner of the premises that rented an apartment to the dog’s owner. The premises owner would be responsible only if the dog had a history of biting or viciousness that the premises owner should have known about.
Your dog bite lawyer will need to carefully assess your dog bite injury case to determine what insurance coverage is available and how you can recover damages for immediate expenses such as medical care.
How Our Dog Bite Lawyers in Miami Can Help You
If you’re hurt because of a dog bite in Miami, you may have the right to compensation for your injuries. Florida dog bite law protects victims of dog bites. In order to get a fair recovery for your dog bite injuries, you must assert your rights and bring a claim for recovery. Our experienced Miami dog bite lawyers can help you take the right steps to pursue your claim.
What our Miami dog bite attorneys do for you
- Investigate the dog attack, gather evidence, and identify the dog owner and all responsible parties
- Determine available insurance coverage, including homeowners, renters, and umbrella policies
- Calculate the full value of your dog bite claim, including medical expenses, lost wages, and pain and suffering
- Negotiate with insurance companies on your behalf and take your case to trial if a fair settlement is not offered
- Handle all communication and legal filings so you can focus on recovery
Can You Sue for a Dog Bite in Miami?
Yes, you can sue for a dog bite in Miami. You must show that the dog bite resulted in your injuries and that the dog owner does not have any valid defenses that apply. Unlike other types of personal injury cases, you don’t have to prove that the owner was negligent.
Instead, the dog owner has strict liability for the resulting damages any time their dog bites. The dog owner must compensate you for your financial losses. You may also claim compensation for your emotional suffering and physical pain. Florida law allows victims of dog bites to collect payment from responsible dog owners.
Does it matter where the dog attack occurs?
It’s the dog owner that’s responsible for your damages after a dog bite if you’re lawfully on public or private property. That includes on the owner’s property if you’re there for a lawful purpose. That means a dog owner can be liable to a person delivering mail or packages. They can be liable to a person who they invite over as a social guest.
Locations where dog owner liability applies
- The dog owner’s home or yard (if the victim is a guest, mail carrier, delivery driver, or other lawful visitor)
- Public streets, sidewalks, and roadways
- Public parks and recreational areas
- Rental properties and apartment complexes (the premises liability of the landlord may also apply)
- Any other location where the victim is lawfully present, including in a public place like a store or restaurant
Florida dog bite law is strict when it comes to protecting victims. Dog owners are responsible for the actions of their dogs with only limited exceptions.
What Are Possible Defenses to a Dog Bite Claim in Florida?
There are only a few defenses available to dog owners if their dog bites. They may claim that you provoked the dog. They might say that you were trespassing without permission.
|
Defense |
What the dog owner must prove |
|---|---|
|
Provocation |
The victim provoked the dog before the attack (teased, hit, or antagonized the animal) |
|
Trespassing |
The victim was on private property without permission at the time of the bite |
|
The victim’s own actions contributed to the injuries, which may reduce but not eliminate compensation |
Unless the dog owner can show one of these exceptions, it’s up to the dog owner to pay for your losses. Even if they claim one of these defenses, you can work with our experienced dog bite attorneys to show what happened and to defend against allegations of wrongdoing.
What Can I Recover if I’m the Victim of a Dog Bite in Miami?
Dog bites can leave you with severe physical and emotional scars. The responsible party may have homeowners insurance that may cover some of your damages like current medical bills and expected medical bills in the future. If you have lost wages or even lost self-employment income from your injuries, you can request the compensation you deserve to cover your losses.
Types of compensation in dog bite cases
|
Category |
Examples |
|
Medical expenses |
Emergency room visits, surgery, stitches, medication, physical therapy, future medical treatment |
|
Lost income |
Wages lost while recovering, reduced earning capacity, lost self-employment income |
|
Physical pain, emotional distress, anxiety around dogs, scarring and disfigurement |
|
|
Other losses |
Property damage, counseling for emotional trauma, loss of enjoyment of life |
The premises owners may also share responsibility if they know that the dog has a history of aggression. Your lawyer will need to carefully assess your dog bite injury case to determine what insurance coverage is available and how you can recover damages for immediate expenses, future expenses, and pain and suffering. Ultimately, the responsibility lies with the dog owner to cover your losses through insurance or their own resources.
Common dog bite injuries
Dog attacks can cause injuries that range from minor wounds to life-threatening trauma. Children and elderly dog bite victims face a higher risk of serious harm. Common injuries in Miami dog bite cases include:
- Puncture wounds, deep lacerations, and torn skin
- Crush injuries to hands, arms, and legs
- Infections from bacteria in the dog’s mouth, including risk of rabies exposure
- Facial injuries and permanent scarring or disfigurement
- Nerve damage and loss of mobility
- Broken bones, particularly in dog attacks on children
- Emotional trauma, PTSD, and lasting anxiety (if the dog attack is fatal, a wrongful death claim may apply)
Steps to take after a dog bite in Miami
Knowing what to do if you are bitten by a dog can protect your health and your legal rights. Take these steps as soon as possible after a dog bite:
- Seek medical attention right away, even if the bite looks minor. Dog bites carry a high risk of infection.
- Report the dog bite to the police. Officers will file a report and contact animal control.
- Take photos of your injuries, the dog, the dog owner’s home, and any warning signs (or the absence of warning signs) on the property.
- Collect the dog owner’s name, address, and insurance information if you can.
- Get contact details from any witnesses to the dog attack.
- Save all medical records, receipts, and proof of lost wages.
- Contact a Miami dog bite lawyer as soon as possible. Dogs often run loose and it can be hard to find out who owned the dog. Early investigation matters.
Contact a Miami dog bite attorney for a free consultation
In any dog bite or dog attack case, it is important to contact a lawyer as soon as possible to investigate quickly. Many times dogs will run loose and it may be hard to find out who owned the dog. You should also report the dog bite to the police. The police will do a report and contact animal control, who will investigate and file a report. If the dog was not properly registered or vaccinated, animal control will attempt to capture the dog and place it in quarantine pursuant to Florida’s dangerous dog classification and quarantine requirements under Chapter 767 to make sure it does not have rabies. Get photos of the dog and dog owner’s home, particularly showing any dog warning signs or lack of such signs.
There is never a charge to talk to a dog bite lawyer at the law firm of Bernstein & Maryanoff Injury Attorneys. If you or a loved one has been bitten by a dog, we are here to help you. With a principal office in Miami, numerous other offices across Florida, and the willingness to make house calls, our attorneys will be there when you need them. We handle all cases on a contingency fee basis, so you pay nothing unless we recover compensation for you. Schedule a free consultation today.
Frequently asked questions about dog bites in Miami
Areas We Service in Miami, Florida
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