Florida Statute 767.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 767
DAMAGE BY DOGS; DANGEROUS DOGS

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F.S. 767.04

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.

History.—s. 1, ch. 25109, 1949; s. 1, ch. 93-13; s. 1155, ch. 97-102.

F.S. 767.04 on Google Scholar

F.S. 767.04 on Casetext

Amendments to 767.04

Arrestable Offenses / Crimes under Fla. Stat. 767.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 767.04.

Annotations, Discussions, Cases:

Cases Citing Statute 767.04

Total Results: 20

Beny Krasner v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2024-07-24

Snippet: and criteria for the implementation of chapter 767.4 Pursuant to section 767.14, the County adopted

STEVEN RAMOS v. PATRICIA BASTOS

Court: District Court of Appeal of Florida | Date Filed: 2022-06-22

Snippet: 2 section 767.04, Florida Statutes (2018), the owner of a dog that

DAVID PARSONS AND MARLA PARSONS v. PATRICIA CULP

Court: District Court of Appeal of Florida | Date Filed: 2021-09-17

Snippet: injury to someone, but not by biting them. Section 767.04 is a separate statute, entitled "Dog owner's

Deborah Davison v. Rebecca Berg

Court: District Court of Appeal of Florida | Date Filed: 2018-03-22

Citation: 243 So. 3d 489

Snippet: easily readable including the words ‘Bad Dog.’” § 767.04, Fla. Stat. 1 Berg presented evidence regarding

Arellano v. Broward K-9/miami K-9 Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-11-30

Citation: 207 So. 3d 351, 2016 Fla. App. LEXIS 17699

Snippet: negligence contributed to the biting incident. § 767.04, Fla. Stat. (2011). As is clear from the statute

Tedrow v. Cannon

Court: District Court of Appeal of Florida | Date Filed: 2016-02-19

Citation: 186 So. 3d 43, 2016 Fla. App. LEXIS 2391, 2016 WL 670348

Snippet: against Cannon for strict liability under section 767.04, Florida Statutes (2011), Florida’s dog-bite statute

Gawtrey v. Hayward

Court: District Court of Appeal of Florida | Date Filed: 2010-12-22

Citation: 50 So. 3d 739, 2010 Fla. App. LEXIS 19461

Snippet: dismissal of the case on the theory that section 767.04, Florida Statutes (2007), made Scott and Cassandra

Sutherlund Ex Rel. Sutherland v. Pell

Court: District Court of Appeal of Florida | Date Filed: 1999-08-11

Citation: 738 So. 2d 1016, 1999 WL 596935

Snippet: the common law, not on statutory liability. See § 767.04, Fla. Stat. (1997) (providing statutory liability

Wipperfurth v. Huie

Court: Supreme Court of Florida | Date Filed: 1995-03-09

Citation: 654 So. 2d 116, 1995 WL 94414

Snippet: TO AN ACTION UNDER SECTION 767.04, FLORIDA STATUTES? 2. UNDER SECTION 767.04, DOES THE TERM "OWNER" INCLUDE

Fisel v. Wynns

Court: District Court of Appeal of Florida | Date Filed: 1995-02-17

Citation: 650 So. 2d 46, 1994 WL 559632

Snippet: difference in the statutes involved herein and section 767.04: The owner of any dog that bites any person while

Tran v. Bancroft

Court: District Court of Appeal of Florida | Date Filed: 1995-01-11

Citation: 648 So. 2d 314, 1995 WL 7650

Snippet: Although the so-called "dog bite" statute, section 767.04, Florida Statutes (1993) controls actions against

Huie v. Wipperfurth

Court: District Court of Appeal of Florida | Date Filed: 1994-03-04

Citation: 632 So. 2d 1109, 1994 Fla. App. LEXIS 1682, 1994 WL 63320

Snippet: common-law defense to an action brought under section 767.04, Florida Statutes (1989); thus, we reverse and

George v. Mann

Court: District Court of Appeal of Florida | Date Filed: 1993-08-10

Citation: 622 So. 2d 151

Snippet: new trial. NOTES [1] See generally §§ 767.01 and 767.04, Fla. Stat. (1989) and the plethora of cases whelped

Freire v. Leon

Court: District Court of Appeal of Florida | Date Filed: 1991-07-30

Citation: 584 So. 2d 98, 1991 Fla. App. LEXIS 7350, 1991 WL 139132

Snippet: relieving the owner of liability under section 767.04, Florida Statutes (1989). I would affirm.

Fennema v. Howard Johnson Co.

Court: District Court of Appeal of Florida | Date Filed: 1990-04-03

Citation: 559 So. 2d 1231, 1990 WL 37430

Snippet: was estopped to rely on the dog-bite statute [§ 767.04, Fla. Stat. (1981)] to absolve him of liability

Registe v. Porter

Court: District Court of Appeal of Florida | Date Filed: 1990-02-23

Citation: 557 So. 2d 214, 1990 Fla. App. LEXIS 1104, 1990 WL 15923

Snippet: language “Bad Dog” sign, posted pursuant to section 767.04, Florida Statutes (1983), is ineffective to protect

Olave v. Howard

Court: District Court of Appeal of Florida | Date Filed: 1989-08-15

Citation: 547 So. 2d 349, 1989 WL 90928

Snippet: brought suit against the dog owner under section 767.04, Florida Statutes (1987), and those claims remain

Kilpatrick v. Sklar

Court: Supreme Court of Florida | Date Filed: 1989-07-27

Citation: 548 So. 2d 215, 1989 WL 84104

Snippet: does not apply to claims under sections 767.01 and 767.04, Florida Statutes (1981). We also agree that the

Staniszeski v. Walker

Court: District Court of Appeal of Florida | Date Filed: 1989-07-21

Citation: 550 So. 2d 19, 1989 WL 80710

Snippet: against appellees pursuant to sections 767.01 and 767.04,[1] Florida Statutes (1987) for damages *20 which

Bellanca v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 1989-03-07

Citation: 539 So. 2d 26, 1989 Fla. App. LEXIS 1147, 1989 WL 18804

Snippet: Bowen, 503 So.2d 1265 (Fla. 2d DCA 1986); Section 767.04 Florida Statutes (1983).