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Pompano Beach Dog Bite Lawyer
Free ConsultationsFlorida is one of the more favorable states in the country for someone bitten by a dog. The owner is responsible even if the animal had never shown aggression before and even if the owner did nothing careless. Jacobson Injury Firm represents people injured by dogs across Broward County.
Attorney Adam Jacobson handles every case personally. Contact us today for a free consultation, and see our broader Pompano Beach personal injury practice for related claims.
Florida Owners Are Strictly Liable, Even for a First Bite
Florida Statute 767.04 makes the owner of a dog liable for damages when the dog bites someone in a public place, or lawfully in a private place including the owner’s own property. The statute applies regardless of the dog’s former viciousness and regardless of whether the owner knew about it.
This matters because the common law rule was the opposite. Historically an owner escaped liability for a first attack, since there was no prior conduct putting them on notice. Florida abolished that for bites. There is no free first bite here, and you do not have to prove the owner was careless. You prove you were bitten and that you were lawfully where you were.
Being lawfully present has a specific meaning under the statute. It covers anyone on the property performing a duty imposed by state law or by United States postal regulations, which is why delivery drivers and mail carriers are protected, and it covers anyone there by the owner’s express or implied invitation. A trespasser is outside the statute, though a claim may still exist under general negligence principles.
The Bad Dog Sign Defense and Where It Fails
This is the one real defense in the statute, and it surprises people on both sides. An owner is not liable under section 767.04 if, at the time of the injury, they had displayed in a prominent place on the premises a sign easily readable including the words Bad Dog. Florida courts have accepted Beware of Dog as satisfying the same purpose, and the Florida Supreme Court addressed this as far back as 1951.
The defense has real limits, and they are where most cases are won.
- It does not apply to a child under 6. No sign protects an owner whose dog bites a young child. Florida courts have also held the exception does not help where the injured person was too young to read the sign at all.
- It does not apply where the owner’s own negligence caused the harm. A gate left unlatched, a leash ordinance ignored, a dog left loose in a yard a child can wander into. The sign does not excuse an act or omission that proximately caused the injury.
- The sign has to actually work as a warning. Florida courts require it be in a prominent place and easily readable, so as to give genuine notice. A sign facing the wrong way, hidden behind a hedge, or weathered past legibility does not meet that standard.
- It only covers the owner’s premises. A sign on a fence does nothing when the dog bites someone on a sidewalk, in a park, or at a neighbor’s house.
An insurer will raise the sign early and treat it as the end of the discussion. Photographing the property promptly, including where the sign sat and what an approaching visitor could actually see, frequently decides whether the defense survives.
You Do Not Have to Be Bitten
A separate statute is routinely overlooked. Florida Statute 767.01 makes owners liable for any damage their dog does to a person, not only bites. A dog that lunges and knocks an older adult down a set of steps, chases a cyclist into traffic, or bolts into the road and causes a crash can create liability with no bite at all.
People in these situations frequently assume they have no claim because there were no puncture wounds. The fractures from a knockdown are often more serious than a bite would have been, and the claim exists.
Where the Compensation Actually Comes From
Many people hesitate because the dog belongs to a neighbor, a friend, or a relative, and suing that person feels impossible. The claim is almost always made against an insurance policy rather than against the individual. Homeowners and renters policies typically include liability coverage that responds to dog bites, and industry data shows dog-related injuries make up a substantial share of all homeowners liability claims paid each year.
Other policies may apply as well. A landlord who knew about a dangerous dog on the property may carry separate liability. A dog walker, kennel, groomer, or veterinary practice may be responsible where the animal was in their control. A commercial property owner may share responsibility for an attack on business premises, which overlaps with premises liability. We handle the insurance companies so those conversations do not fall to you.
Why Choose Jacobson Injury Firm for Your Pompano Beach Dog Bite Claim?
Command of the Rules That Decide These Cases
Strict liability makes the basic claim straightforward, which means the fight moves to the sign defense, to comparative fault, and to the value of scarring and psychological harm. Florida’s modified comparative fault standard under Florida Statute 768.81 bars recovery entirely once a claimant carries more than half the blame, and the dog bite statute contains its own reduction provision on top of that. Claims arising in Pompano Beach proceed through the Seventeenth Judicial Circuit in Broward County.
Demonstrated Results for Injured Clients
The firm has recovered millions of dollars for injured clients. Our client reviews describe how the firm communicates through these cases.
No Attorney Fees Unless You Recover
Dog bite claims at the firm run on contingency. Nothing is owed at the outset, we advance case costs, and no recovery means no fee.
Key Components of a Pompano Beach Dog Bite Claim
The Statute’s Own Comparative Fault Provision
Section 767.04 reduces an owner’s liability by the percentage of negligence attributable to the bitten person that proximately caused the incident. Expect the argument that you provoked the animal, ignored a warning, or approached a dog that was eating, sleeping, or with puppies. Provocation is a factual question, and what an owner characterizes as provocation is frequently a person doing something ordinary near a dog that should have been restrained.
No PIP and No Injury Threshold Here
Worth stating plainly. Personal injury protection, the 14-day treatment deadline, and the permanent injury threshold apply to motor vehicle claims only. They have no application to a dog bite. Treatment runs through health insurance or a letter of protection, and no statutory gate stands between you and pain and suffering damages.
Scarring, Infection, and Psychological Harm
Bite wounds carry a high infection rate, and rabies exposure requires immediate assessment through the Florida Department of Health and CDC guidance. Beyond the acute treatment, these claims turn on two things insurers undervalue. Permanent facial and limb scarring is compensable in its own right under Florida law and often requires staged revision surgery over years. And psychological injury is real, particularly in children, where lasting fear of dogs and post-traumatic symptoms are common and documented. Both belong in the damages calculation with proper evaluation.
Proving Medical Damages Under the 2023 Rules
Florida Statute 768.0427 rewrote how medical damages are proven, requiring disclosure of letters of protection and changing what juries see about amounts billed against amounts paid. In a claim likely to involve future reconstructive work, how that treatment is documented matters from the first appointment.
Acting Within Two Years
Florida cut the negligence deadline from four years to two in March 2023 under Florida Statute 95.11. Our statute of limitations resource explains how the clock runs. Where a government entity owned or controlled the animal, Florida Statute 768.28 adds written pre-suit notice to the agency and the Department of Financial Services. Claims on behalf of an injured child follow different timing rules, so a parent should not assume the family deadline has passed.
“Excellent service and results. Attorney Jacobson was professional, responsive, and truly cared about my case. They explained everything clearly and delivered great results.”
Isaac M.
Dog Bite and Animal Attack Claims We Handle
Bites to Children
Children are bitten at the highest rate of any group and are bitten on the face and head far more often than adults because of their height. These claims carry the strongest legal position, since the sign defense does not apply under age 6, and they carry the highest scarring and psychological value. Veterinary guidance on bite prevention documents how often familiar dogs are involved.
Attacks on Delivery and Service Workers
Mail carriers, package couriers, meter readers, and utility workers are expressly protected by the statute while performing their duties. These claims arise constantly and the workers involved often do not realize they have a personal injury claim separate from any workers compensation benefit.
Loose Dogs in Public
Attacks on sidewalks, in parks, and along the beach path involve a dog off leash or escaped from an enclosure. Local leash requirements matter here, since violating one supports the owner negligence route that defeats the sign defense. Broward County animal care handles these reports and the City of Pompano Beach enforces local ordinances.
Knockdowns and Non-Bite Injuries
A dog that jumps, lunges, or chases can cause fractures and head injuries without ever closing its jaws. Section 767.01 covers this, and pedestrians and cyclists are the most common victims.
Attacks on Rental and Commercial Property
Where an apartment complex, hotel, or business knew a dangerous animal was present and did nothing, the property owner may share liability alongside the dog’s owner, which brings a second policy into the claim.
Severe and Fatal Attacks
Attacks producing disfigurement, nerve damage, or amputation fall within our catastrophic injury practice, and fatal attacks within our wrongful death practice. See all practice areas.
What to Do After a Dog Bite in Pompano Beach
- Get medical care the same day. Bite wounds are contaminated by definition, infection risk is high, and rabies exposure has to be assessed quickly rather than watched.
- Identify the owner and get their name, address, and phone number before leaving. An unidentified dog turns a straightforward claim into a difficult one, and it complicates the rabies assessment considerably.
- Ask whether the dog is vaccinated and request proof. The answer affects your medical treatment immediately.
- Photograph your injuries the same day and again as they heal, and photograph the property, including any warning sign, where it was placed, and what was visible on approach. That last detail is often the case. Evidence at the scene cannot be recreated.
- Report the bite to Broward County animal control. The report creates an official record, triggers the quarantine process, and establishes whether the animal has a history.
- Get witness names and numbers, then decline a recorded statement to the owner’s insurer until you have spoken with a lawyer. Follow the treatment plan without gaps, since gaps become causation arguments later in the case timeline, and keep every photograph of the healing wound.
Frequently Asked Questions
Can I sue if the dog never bit anyone before?
Yes. Florida imposes strict liability on dog owners regardless of the animal’s former viciousness or the owner’s knowledge of it. The common law free first bite rule does not apply to bites in Florida. You do not have to prove the owner was careless, only that you were bitten and were lawfully where you were.
The owner had a Beware of Dog sign. Is my claim over?
Not necessarily. The statute does excuse an owner who displayed a prominent, easily readable sign, and courts have accepted Beware of Dog as well as Bad Dog. But the defense fails against a child under 6, fails where the owner’s own negligence caused the injury, fails if the sign was not genuinely visible and legible, and does not apply at all off the owner’s premises.
What if the dog knocked me down but did not bite me?
You may still have a claim. A separate Florida statute makes owners liable for any damage their dog does, not only bites. A knockdown causing a fracture, or a dog that chases someone into traffic, falls within it. People often assume no bite means no case, and that is not correct.
Do I have to sue my neighbor personally?
In practice the claim is made against an insurance policy rather than the person. Homeowners and renters policies generally include liability coverage for dog bites, and dog-related injuries account for a large share of homeowners liability claims paid nationally each year. The relationship is usually preserved because the insurer handles it.
What if I was bitten while working as a delivery driver?
The statute expressly protects people on the property performing a duty imposed by state law or United States postal regulations. Mail carriers, couriers, and utility workers are covered. A personal injury claim against the dog owner exists separately from any workers compensation benefit you may receive.
Can the owner blame me for provoking the dog?
They can argue it, and the statute reduces the owner’s liability by the percentage of your own negligence that contributed to the incident. Under Florida’s broader comparative fault rule, more than 50 percent bars recovery entirely. Provocation is a factual question, and ordinary conduct near a dog that should have been restrained is not provocation.
My child was bitten. Is that different?
Legally, yes, and in your favor. The warning sign defense does not apply to a child under 6, and Florida courts have held it also fails where a child was too young to read the sign. Children are bitten on the face and head far more often than adults, which raises both the scarring value and the psychological component. Timing rules for a minor’s claim also differ, so do not assume a deadline has passed.
How long do I have to file a dog bite claim in Florida?
Two years from the date of the bite for most claims, shortened from four years in March 2023. Claims involving a government entity require pre-suit notice much sooner, and claims brought on behalf of an injured child follow separate timing rules.
Does my PIP cover a dog bite?
No. Personal injury protection, the 14-day rule, and the permanent injury threshold apply to motor vehicle claims. A dog bite runs through health insurance or a letter of protection, and no statutory threshold limits your right to pain and suffering damages.
How much is my dog bite case worth?
Value depends on the severity of the wounds, whether scarring is permanent and where it is located, future reconstructive surgery, lost income, psychological harm, the available insurance limits, and any fault attributed to you. Facial scarring and injuries to children generally carry substantially higher value, and both are routinely undervalued in early offers.
Speak With a Pompano Beach Dog Bite Lawyer
The warning sign, the leash, the gate, and the yard all look different a week later, and photographs taken now are what answer the defense the insurer will raise. Reaching out early costs nothing and preserves proof that changes quickly. Consultations are free and you pay nothing unless we recover for you. Call (561) 567-7163 or send us a message. The firm also serves Delray Beach, Boynton Beach, and West Palm Beach, with the full list on our areas we serve page and further reading in our personal injury resources and blog.