Florida Dog-Owner Liability for a Non-Bite Fall

Attorney Answer

"He was never bitten" is not the defense most owners assume it is. Florida's dog statute is not limited to bites — but the person claiming still has to prove your dog actually caused the fall, and that is where these claims are usually won or lost.

The provision to read is § 767.01: "A dog owner is liable for any damage done by the owner's dog to a person or to any animal included in the definitions of 'domestic animal' and 'livestock' as provided by s. 585.01." The phrase is "any damage done" — not "any bite." A knockdown, a lunge that makes someone step backward off a curb, a dog underfoot, a leash that sweeps a leg: those can fall inside the statute even though no tooth touched anyone. The bite-specific statute, § 767.04, with its strict liability, its comparative reduction and its limited "Bad Dog" sign defense, does not apply where there was no bite.

What the statute does not do is make you responsible for every fall that happens near a dog. The claimant has to show the dog did the damage — that your dog's conduct actually caused him to go down. Real questions follow from that. Where did it happen, and was the dog on your property, on a leash, contained, or loose? Did the dog make contact at all? What was the walking surface like, and what was he doing at the time? If the honest answer is that a person startled himself, or tripped on the pavement while a dog barked from behind a fence, that is a very different claim from a dog that ran into someone. Do not concede causation just because you feel bad about it.

On the money question: your homeowner's or renter's liability coverage, if you have it, is what this situation is for. It typically pays claims like this within its limits and, just as importantly, pays for a defense if a claim is made against you. But the claimant does not get to demand your policy directly from you and negotiate with you. You report the claim, the insurer investigates coverage and liability, and the insurer deals with him. That is a feature, not a delay.

What you can do

1. Report the claim to your homeowner's or renter's insurer now, even though you dispute it. Late notice can put your own coverage at risk, and you are not admitting anything by reporting.

2. Give the claimant your insurer's name and claim number and let the adjuster handle the conversation. Do not discuss fault, and do not offer to pay anything.

3. Photograph the location the same way it looked that day — the surface, the fence line, the gate, the leash you use.

4. Write down what you know about the incident, the date and time, and the names and contact information of anyone who saw it.

5. If you are served with a lawsuit, or if the claimed injuries look larger than your policy limits, take the papers to a Florida attorney promptly.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Your message does not say when the fall happened, and the date decides the deadline. For a negligence claim accruing before March 24, 2023, the limitations period was the former four-year period under § 95.11; for a claim accruing on or after that date, § 95.11(5)(a) sets two years. The accident date also determines which version of Florida's comparative-fault statute, § 768.81, would apply if the claimant's own carelessness contributed — the rule changed in 2023 and the earlier rule was different. A Florida attorney should key both to the actual date rather than a calendar guess.