Who’s Responsible for Dog Bite Injuries in Miami?

In Miami, the owner of a dog is usually held legally responsible if their dog bites someone, regardless of the dog’s past behavior or the owner’s knowledge of aggression. This is because Florida law imposes strict liability for dog bite injuries. That means an injured victim does not need to prove the dog owner was negligent in order to seek compensation.

Dog attacks can leave physical scars and emotional trauma that last far longer than the initial injury. If you or your child has suffered a dog bite in Miami, understanding how liability is determined can help you decide the best next steps. 

A Miami dog bite attorney at The Morgan Law Group can help dog bite victims assert their rights and seek fair compensation when someone else’s dog causes harm.

Strict Liability in Miami Dog Bite Cases 

Under Florida Statutes § 767.04, a dog owner is strictly liable if their dog bites someone, whether the bite occurred in a public place or lawfully on private property, including the dog owner’s own premises. This law applies even if the dog had no history of aggression or the owner had no prior warning of the animal’s tendencies.

Strict liability means that the injured person does not need to prove that the owner acted negligently, failed to leash the dog, or ignored prior incidents. 

It is enough to show that:

• The defendant is the dog’s owner
• The victim was bitten
• The incident occurred in a public place or the victim was lawfully on private property

This rule is particularly important in places like Miami, where dense residential areas and frequent public gatherings increase the chances of dog-owner interactions. Even a first-time bite can trigger full liability under the law.

Miami’s strict liability law supports public safety by incentivizing responsible pet ownership. Dog owners are expected to control their pets at all times, whether through proper training, supervision, or the use of leashes and enclosures.

Exceptions to the Strict Liability for a Dog Bite Injury

While strict liability makes it easier for injured victims to recover damages, it’s not absolute. There are several legal exceptions that could reduce or eliminate a dog owner’s liability in a Miami dog bite case.

The Victim Was Trespassing

Strict liability does not apply if the person bitten was unlawfully on private property. This includes people who jump fences, enter posted “No Trespassing” zones, or otherwise enter private property without legal permission. In such cases, the dog owner may be shielded from responsibility.

The Dog Was Provoked

If the bite occurred because the victim provoked the dog – by hitting, teasing, tormenting, or threatening it – the owner may not be fully liable. However, provocation must be proven and is often subject to interpretation. Minor interactions or accidental contact generally do not qualify as legal provocation.

Warning Signs on the Property

Florida law allows a dog owner to defend against liability when there is a clear, visible sign warning of a dog’s presence and cautioning visitors (e.g., “Beware of Dogs”). If such a sign is displayed and the victim is over the age of six, the owner may avoid liability unless the injury was caused by the owner’s own negligence.

Understanding these exceptions is crucial. Each dog bite case in Miami is fact-specific, and even a seemingly clear claim could be challenged by defenses. Injury victims often benefit from the legal support of a dog bite attorney when confronting dog owners or insurance carriers who dispute liability.

What Is Covered in Dog Bite Injury Claims in Miami?

In a dog bite claim, compensation typically includes both economic and noneconomic damages. These categories reflect the tangible and intangible losses an injured person may suffer following an animal attack.

Medical Expenses

Immediate and long-term medical costs are often the largest category of damages. 

This includes:

• Emergency room visits
• Surgery and hospitalization
• Rabies shots or other post-bite treatments
• Physical therapy and rehabilitation
• Cosmetic surgery for scarring or disfigurement

Lost Income

If the bite victim is unable to work due to the injury, they may be compensated for:

• Lost wages
• Reduced earning capacity (in cases of long-term damage)

Pain and Suffering

Dog bites can cause substantial pain, anxiety, and emotional trauma, especially in children. 

Compensation can include:

• Physical pain
• Emotional distress
• Post-traumatic stress disorder (PTSD)
• Fear of dogs or public places

Scarring and Disfigurement

Because dog bites often occur on the face, arms, or legs, permanent scarring is common. Victims may be compensated for the impact this has on their appearance, confidence, and quality of life.

Dog bite injuries can also trigger insurance claims, usually through the dog owner’s homeowner’s or renter’s insurance. These policies may cover damages for bite injuries that happen both on and off the insured property.

Should I Hire a Miami Lawyer for a Dog Bite Injury?

Pursuing compensation for a dog bite injury can be more challenging than it appears. Insurance companies often try to minimize payouts by questioning the severity of the injury, arguing provocation, or claiming the bite occurred on private property without permission. Victims are often left with unpaid medical bills and no clear path forward.

Hiring legal counsel gives bite victims access to experience in:

• Gathering medical records and witness statements
• Proving liability under strict liability or negligence
• Valuing long-term damages like scarring or trauma
• Negotiating with insurance companies
• Filing a lawsuit if a fair settlement cannot be reached

For those concerned about legal fees, it helps to understand the cost of hiring a dog bite lawyer. Many attorneys work on a contingency fee basis, meaning legal fees are only owed if compensation is recovered.

Whether you’re dealing with medical costs, trauma, or uncertainty about your legal options after a dog attack, as injury attorneys in Miami, The Morgan Law Group can provide the guidance and advocacy needed to move forward. 

Call us today at (305) 614-5235 or contact us using our online form for a free case evaluation about your dog bite injury case at our office in Miami.