Florida Statutes
Fla. Stat. § 767.04 (2025)
Dog owner’s liability for damages to persons bitten.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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767.04 Dog owner’s liability for damages to persons bitten.—The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, 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.” The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.
Notes of Decisions
Cited in 69
cases (3 in the last 5 years), 1951–2022 · leading case: Belcher Yacht, Inc. v. Stickney, 450 So. 2d 1111 (Fla. 1984).
Belcher Yacht, Inc. v. Stickney, 450 So. 2d 1111 (Fla. 1984). “" § 767.04, Fla. Stat. (1979). [2] Compare with section 767.”
Collier v. Zambito, 807 N.E.2d 254 (NY 2004). “Ariz Rev Stat § 11-1025; Cal Civ Code § 3342; Fla Stat Ann § 767.04; Iowa Code Ann § 351.”
Noble v. Yorke, 490 So. 2d 29 (Fla. 1986). “The Yorkes sued for damages pursuant to section 767.04, Florida Statutes (1981). The trial court granted summary judgment in favor of the Nobles and denied the Yorkes' request for leave to amend to sue Jerry Noble upon a theory of common law liability as a property owner who did…”
Carroll v. Moxley, 241 So. 2d 681 (Fla. 1970). “This is an appeal from a summary final judgment entered for Defendants and *682 against Plaintiffs in this personal injury action by the Dade County Circuit Court, specifically passing upon the constitutionality of Fla. Stat. § 767.04 , F.S.A. We have jurisdiction, Fla.”
Huie v. Wipperfurth, 632 So. 2d 1109 (Fla. 5th DCA 1994). “[Pjrovided, however, no owner of any dog shall be liable for any damages to any person or his property when such person shall mischievously or carelessly provoke or aggravate the dog inflicting such damage; nor shall any such owner be so liable if at the time of any such injury…”
Donner v. Arkwright-Boston Mfrs. Mut. Ins., 358 So. 2d 21 (Fla. 1978). “04 superseded the common law and that liability did not lie under the statute since a “Bad Dog” sign was posted.”
Reed by & Through Lawrence v. Bowen, 503 So. 2d 1265 (Fla. 2d DCA 1986). “Appellants, Shaun Leo Reed, a minor, by and through his parent and next friend, May Elretta Lawrence, and May Elretta Lawrence, individually, filed an action under section 767.04, Florida Statutes (1985), seeking damages which resulted when Shaun was attacked by a dog owned by…”
Wipperfurth v. Huie, 654 So. 2d 116 (Fla. 1995). “Huie attempted to recover damages from Wipperfurth pursuant to section 767.04, Florida Statutes (1989). [1] The trial court applied the common-law "independent contractor" exception to the dangerous instrumentality doctrine and rendered summary judgment in favor of Wipperfurth.”
Gehrts v. Batteen, 2001 SD 10 (S.D. 2001). “§ 54-601 (1998); N.J.Stat.Ann. § 4:19-16 (West 1998); Wash.”
Rattet v. Dual Sec. Sys., Inc., 373 So. 2d 948 (Fla. 3d DCA 1979). “With regard to Rattet's attempt to impose liability pursuant to Section 767.04, Florida Statutes (1975), set forth below, the injury must have been the result of a bite.”
Carter v. City of Stuart, 468 So. 2d 955 (Fla. 1985). “§ 767.04, Fla. Stat. (1983). [4] He decided to take no action.”
Flick v. Malino, 356 So. 2d 904 (Fla. 1st DCA 1978). “The trial court found that the "bad dog" signs complied with Section 767.04, Florida Statutes (1975), and that Jennifer's mother had actual knowledge of the signs and of the dog's propensities before the accident occurred.”
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