Fla. Stat. § 767.04

Florida Dog Bite Law

Florida has no "one free bite" rule. An owner can be liable for a first-ever bite, with no history of aggression. Here is how strict liability works — and its limits.

Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459). Last reviewed: June 2026

Strict Liability

Many states follow a "one free bite" rule, letting an owner off the hook for a first bite. Florida does not. Under § 767.04, a dog owner is strictly liable for a bite — liable regardless of whether the dog ever showed aggression before, and regardless of the owner’s knowledge.

The Governing Statute
Fla. Stat. § 767.04 — Dog Owner’s Liability for Bites
"The owner of any dog that bites any person … lawfully on or in a private place … is liable for damages … regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness."
Read the full statute on Online Sunshine →

The person bitten must have been in a public place or lawfully in a private place (not trespassing). The bite does not require the owner’s negligence — ownership plus a qualifying bite is enough.

The Limits

  • Trespassers are generally not covered — the person must be lawfully present.
  • Comparative negligence can reduce recovery if the victim provoked the dog or was partly at fault.
  • A prominently displayed "Bad Dog" sign can limit liability in some circumstances (with exceptions, including for young children).
  • Injuries beyond bites (knockdowns) may fall under ordinary negligence instead.

Frequently Asked Questions

Is Florida a strict liability state for dog bites?
Yes. Under § 767.04, a dog owner is liable for a bite regardless of whether the dog had ever shown aggression before — there is no "one free bite" rule. The victim must have been lawfully present and not trespassing.
Does the owner have to know the dog is dangerous in Florida?
No. Florida’s dog bite statute imposes strict liability, so the owner’s knowledge of any prior viciousness is not required. However, comparative negligence (like provoking the dog) can reduce a victim’s recovery.

Charged Under This Statute?

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This page summarizes Fla. Stat. § 767.04 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.