How Bad Does a Dog Bite Have to Be to Sue?

A dog bite can be scary and painful, but it can also leave you wondering what comes next. Is this something the law considers serious enough for a claim? Can you recover damages, or is it just a medical issue to handle on your own?

In Florida, these questions aren’t always straightforward. The law treats dog bites differently than many people expect, and what looks like a minor injury to one person can carry legal implications for another. In this post, we’ll look at how dog bites are treated under Florida law, what factors influence liability, and what considerations may come into play when deciding whether to pursue a claim.

What to Know About Dog Bite Laws in Florida

Florida uses strict liability for most dog bite incidents. Strict liability means that a dog owner is generally responsible for a dog bite victim’s damages if the victim was in a public place or lawfully on private property when the incident occurred, regardless of whether the dog had shown aggression before. This is different from the “one-bite rule” used in some states, where a victim must show that the dog had dangerous tendencies which the owner knew or should have known about.

Common Defenses in Dog Bite Lawsuits

As mentioned previously, dog bite victims must have been lawfully on the property where the bite occurred for strict liability to apply. For example, delivery drivers, mail carriers, and invited guests are typically “lawfully” present, whereas someone who jumps a fence or enters a posted, restricted area often is not. Other defenses include:

• Provocation: If the victim teased, struck, or otherwise provoked the dog prior to the bite, an owner might not be liable.
• Warning signs: If an owner prominently displays a warning sign on their property, such as “Beware of Dog,” they may avoid liability for a bite that occurs there (although this defense does not apply if the victim was a child under the age of six).

The concept of comparative negligence may apply in some cases. What this means is that even in situations where a dog owner might not be fully liable—for example, if the victim provoked the dog by yelling at it or its owner before it attacked—the victim can still file a lawsuit, however, their compensation may be reduced.

How Bad Does a Bite Have to Be to Consider Legal Action?

Florida law does not set a minimum injury threshold for dog bites. There is no hard rule about how severe a bite must be before you can consider a lawsuit. What matters is whether the bite caused losses the law recognizes and occurred while you were lawfully present.

In practice, it’s a good idea to reach out to a Florida dog bite lawyer if you received medical treatment, have ongoing pain or swelling, developed an infection, experienced scarring or disfigurement, missed work, or face emotional distress that requires therapy. Even injuries that initially seem minor can have lingering effects, and a lawyer can help determine whether your situation is likely to support a lawsuit.

Why Hire a Dog Bite Attorney in Florida?

Even though Florida’s strict liability law makes it easier to pursue a dog bite claim, an attorney can still be crucial for protecting your rights and ensuring full compensation:

• Proving the circumstances: A lawyer helps document that the bite occurred while you were lawfully present and addresses any potential defenses, like provocation, trespassing, or warnings, that could affect your recovery.
• Documenting damages: A lawyer helps make sure medical bills, lost wages, scarring, pain, and emotional impacts are fully recorded.
• Handling insurance negotiations: Even when liability is clear, insurers may try to minimize payouts. An attorney can advocate for a fair settlement.
• Preserving evidence and meeting deadlines: Lawyers ensure injury photos, witness statements, and medical records are collected promptly and claims are filed on time.
• Navigating sensitive situations: If the dog belongs to a friend or relative, an attorney can help manage the claim without straining relationships.

What to Do if a Dog Bites You in Florida

• Get medical care quickly. Even small punctures can lead to infection. Tell providers it was a dog bite so they can document and treat the injury properly.
• Report the incident to animal control or law enforcement. An official report helps track vaccination status and creates a neutral record that supports your claim later.
• Identify the owner and any witnesses. Ask for names, phone numbers, addresses, and the dog’s vaccination history. Photograph the dog and any “Bad Dog” or warning signs if it is safe to do so.
• Document injuries and recovery. Take photos of wounds from the first day through healing, keep all receipts, track missed work, and save messages with the owner or insurer.
• Avoid giving recorded statements. Insurers may push for quick statements or releases. Politely decline until you speak with an attorney.
• Do not post details online. Social media can be taken out of context and used to argue you are not injured.

If You’re Unsure Whether You Have a Dog Bite Case, Ask Levin Litigation

Not every incident demands a lawsuit, but if you sought medical care, missed work, or are dealing with scars or anxiety, a short conversation with a lawyer can help you decide what to do next. Levin Litigation can review how the bite happened, explain defenses like trespassing or provocation, and determine whether filing a lawsuit should be your next step. Contact us today for a free consultation.