Florida Statutes, Title XLV, Torts §767 “Damage by Dogs” explains a dog owners liability for their dogs actions. An owner is legally responsible when the attack occurs in any public place or when the victim is lawfully on the owners property. A person is deemed lawfully on the premises while they are performing duties imposed by state or local laws or United States postal regulations. A person is also a lawful visitor if they are on a property by the owners expressed or implied invitation. An owner is responsible for damages “regardless of the former viciousness of the dog or the owners knowledge of such viciousness.” But certain circumstances reduce or diminish the owners liability when a bite occurs on their property, including:
The injured persons negligence is the proximate cause of the attack.
The owner displays a bad dog sign. This doesnt apply if the victim is under age 6 or the owner is liable due to a negligent act or omission.
When the bitten person contributes to the incident, a settlement or jury award reduces damages by the injured persons percentage of negligence.
The statutes “Damage by Dogs” definitions, §767.11, further define and broaden the meaning of “Owner.” When used in the statute, it refers to: “a person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that persons parent or guardian.”