Liability For Dog Bites

"Every dog is entitled to one bite." This saying refers to a legal tradition that a dog owner cannot foresee his dog is dangerous before the dog has actually bitten someone. The first dog bite puts the dog’s owner on notice to protect the public from his dog. Prior to the dog’s first bite, the tradition is that the dog’s owner cannot be held liable to foresee his dog’s poor behavior. Many people discount legal risk from their dog because they see their own dog as peaceful and well-behaved. People do not contemplate that their well-behaved dog could ever get them in legal problem prior to that "first bite." In Florida, the law is different. There are Florida statutes on dog liability that holds owners liable prior to the dog’s first bite.

Florida Statute 767.04 states that the owner of any dog that bites any person while the person is in a public place, or lawfully in a private space, is liable for damages of dog bits regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. If your dog bites, you pay. What makes matters worse is that many standard homeowner insurance policies and umbrella liability policies do not cover dog bites. Citizens Liability Insurance, the state insurance company, does not protect homeowners from liability on account of their pets. Check your liability policy.

posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida