Legal Question in Personal Injury in Florida

Dog Bite!

I need to know what fault is it of mine if my dog (which is in a fenced yard) bites someone because they walked up my driveway and put the hands in my fence? He is only 4 months old should I put up a ''Beware of dog'' sign? Will that protect me if someone does it and gets bit?

Thank you.


Asked on 4/02/04, 8:21 am

2 Answers from Attorneys

Re: Dog Bite!

For the answers to your questions, refer to Florida Statutes 767.04. In short, dog owners are responsible for harm caused by bites from their dogs regardless of whether the dog was in a public place or in the owner's yard. Damages may be reduced if the person bit was partly negligent. Posting a sign that says "Bad Dog" can help limit liability but won't entirely protect you.

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Answered on 4/02/04, 9:39 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Dog Bite!

Several statutes impose liability for dog bite cases. The general dog injury statutes are sections 767.01 through 767.04, of the Florida Statutes and impose liability on a dog owner for all damages flowing from a dog bite that the plaintiff has suffered while lawfully (i.e. not trespassing) in a public or private place. Usually, the dog bite statute specifically exonerates an owner who, at the time of injury, has displayed in a prominent place on the premises an easily readable sign, including the words �Bad Dog, � �Beware of Dogs� or some similar legend, as long as it puts a visitor on notice that there are dogs on the premises that may bite. However, a �Bad Dog� sign is not a defense if the victim is under the age of six or if the damages are proximately caused by a negligent act or omission of the owner. If the injured person put his hand through the fence into your property to touch the dog, then there is little question that the injured person is, at a minimum, partly to blame, which would reduce your potential exposure to any claim he may make. If a claim is made, you should immediately consult an attorney and put your homeowner's insurance carrier on notice of the claim.

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Answered on 4/02/04, 11:53 am


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