Beware of Dog Sign… Get One.

With one out of every two households owning a pet dog, the United States tops the list of dog ownership. If you own one of the 90 million dogs living in the U.S., and you are a resident of the State of Florida, it is in your best interest to understand Florida’s dog bite laws. Toward that end, attorney Paul Reed explains why you should get a “Beware of Dog” sign on his latest episode of Lawyer Podcast.

State Law Governs Dog Bite Injuries

If you own a dog, you likely think of your dog as part of the family. The reality, however, is that a dog is still an animal that is capable of causing injuries. Each year, an estimated 4.5 million dog bites occur in the U.S. with over 300,000 of those resulting in an emergency room visit. In legal terms, dog bite injuries are considered a type of personal injury governed by state law. Some states have strict liability statutes that hold the owner of a dog liable for injuries regardless of the circumstances. Other states have “one bite” laws that only hold an owner liable if the owner is on notice that the dog has aggressive tendencies. Florida law, however, takes a rather unique approach to dog bites.

Florida Dog Bite Law

Florida is a strict liability dog bite state, but the applicable statute provides a significant exception to the state’s strict liability law. Understanding the built-in exception is crucial for all dog owners living in the Sunshine State.

Given how ubiquitous they are, you have probably seen a “Beware of Dog” or “Bad Dog” sign on a friend or neighbor’s home at some point. You may have even wondered why you see so many of those signs. You may even be under the mistaken belief that putting up a “Beware of Dog” sign effectively acknowledges that your dog is aggressive, making it more likely that you will be held responsible if your dog does ever bite someone. In Florida, however, putting up a “Beware of Dog” sign has precisely the opposite effect. Instead of opening you up to legal liability, it shields you from potential liability. Florida Statute 767.04 states, in pertinent part:

“…the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words “Bad Dog.”

In short, having a “Bad Dog” sign insulates you from liability unless your dog bites someone who is under the age of six or your negligence contributed to a dog bite injury.

What Constitutes Negligence in a Florida Dog Bite Case?

To recap, you are strictly liable for injuries caused by your dog if it bites someone in Florida unless you had a “Beware of Dog” sign posted at the time of the attack. If you had a sign posted, you are not liable unless your own negligence contributed to the dog bite. Negligence, in this case, typically refers to a dog owner’s failure to restrain a dog. For example, if a delivery person needs to drop off a package and asks you to put your dog up, but you refuse to do so, you could be held liable if the dog bites the delivery driver even if you had a “Beware of Dog” sign posted.

The takeaway for any Florida dog owner is that an inexpensive “Beware of Dog” sign visibly posted on your property is the best way to avoid a costly and time-consuming lawsuit. If you have questions or concerns about a dog bite case in Florida, contact Reed & Reed.