A dog bite can leave you or a loved one with a serious injury. Florida law requires dog owners and owners of other potentially dangerous animals to take reasonable steps in an effort to prevent their pets from harming others. If someone neglects this responsibility, and you’re a victim of a dog bite or animal attack as a result, you may be entitled to compensation for your medical bills and other related losses. A dog bite and animal attack lawyer can help you recover the damages you deserve.
Dog Bites & Animal Attacks: What You Need to Know
Dog bites can cause serious injuries and cost you thousands of dollars in hospital expenses, lost work, and pain and suffering. It’s essential to take certain measures to ensure that your health and legal rights are protected after a dog bite or animal attack in Miami, Florida. If you have been hurt in a dog bite event, you may be eligible to seek compensation for your injuries.
Miami personal injury attorney, Brian L. Elstein, Esq., can explore your legal options and help determine the best method to get you the financial compensation you deserve. At Elstein Legal, we have the experience needed to develop a strong claim and provide aggressive legal representation for dog bite attack victims in Miami.
Florida’s law is actually somewhat unique when compared to that of many other states. Often, a state’s dog bite law will require a dog’s owner to have known their dog had a history of violent or vicious tendencies for them to be held liable. That’s not the case in Miami. In Florida, even if a dog owner didn’t suspect their dog of being dangerous, if their dog bites someone and the victim sustains injuries, that victim can pursue compensation.
Miami Dog Bite Lawsuits and Claims
Many people are hesitant to pursue a dog bite claim. The owner may be a friend or family member, and they may think it’s a complicated situation. It’s often a homeowners insurance policy that steps in to cover the damages for the victim. At Elstein Legal, we can explain the laws and different insurance policies that may apply to cover your dog bite or animal attack injuries.
Miami-Dade County and Florida Dog Bite Laws
Florida’s dog bite law is outlined in Florida law 767.04. The statute says that a dog owner is legally liable for damages that the dog causes. The victim must be either in a public place or lawfully in a private location. Liability is strict without regard for a history of viciousness on the part of the dog.
In addition to the state laws that apply to dog bites in Miami and throughout Florida, Miami-Dade County and the City of Miami also have specific municipal ordinances regarding animal bites. For example, according to Miami-Dade County Municipal Code Sec. 5-22, the party who owns the dog or is responsible for the dog is liable when:
- The dog, when unprovoked, endangers, attacks, or bites a human
- The dog, when unprovoked and while off the responsible party’s property, attacks or bites a domestic animal
- The owner or caretaker for the dog trains a dog for dogfighting
- The dog, when unprovoked, chases or approaches a human in a menacing fashion or apparent attitude of attack upon the streets, sidewalks, or any other public property or common area of a private building or development
The County Code of Ordinances also outlines:
- The process by which the Miami-Dade County Animal Services Department can designate a dog as dangerous
- Specific situations for which the dog owner or caretaker is not responsible for a dog bite
- Penalties in a dangerous dog investigation
- The conditions for registration of the dog required by Animal Control after it is declared dangerous
- Specific considerations and requirements for when a dog that has or is suspected of having rabies bites someone
- Insurance requirements for owners of specific breeds of dogs
Comparative Negligence in Miami-Dade Dog Bite Claims
Florida’s comparative negligence laws apply to dog bite claims in Miami. The law says that the court may reduce your compensation according to your apportioned responsibility for the accident. That means that the court will determine a percentage amount that each party in the case was responsible for the dog bite or animal attack.
Then, the percent to which you were responsible for the attack is deducted from your settlement amount. However, it’s important to note that you can still recover compensation even if you share responsibility for the bite.
Under Florida law, you could also be found to be at least partially responsible for being bitten due to contributory negligence. For example, a dog’s owner could argue the dog bit you because you knowingly provoked it in some way. This could reduce the amount of compensation you receive.
Meet Brian L. Elstein, Florida Personal Injury Lawyer

Personal injury lawyer Brian L. Elstein, Esq. has helped recover millions of dollars on behalf of his clients, and understands the importance of aggressively advocating for injured victim’s and their families.
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(305) 299-2835
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If you or a loved one has been injured in an accident, you deserve expert legal representation to seek the justice you deserve and obtain fair compensation. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.
