Florida Dog Owner Liability When a Chase Causes Injury

Attorney Answer

You probably cannot "press charges" — that is a decision for law enforcement and the prosecutor, not for you — but you very likely do have a civil claim, and the fact that no dog bit him does not defeat it. Florida's dog statute is broader than most people expect.

The key text is Fla. Stat. § 767.01(1): "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." Read that first phrase carefully — "any damage done by the owner's dog." It is not limited to bites, and it is not limited to attacks. A child who was chased, fell, and broke his leg is a child who was damaged by the dogs. That is the statute your claim runs through.

The bite statute is a different one. Section 767.04 makes an owner liable for damages to a person the dog bites regardless of the dog's prior viciousness or the owner's knowledge of it, subject to a reduction for the bitten person's own negligence and a "Bad Dog" sign defense that does not apply to a person under the age of 6 or where the owner's own negligent act or omission proximately caused the damages. Because there was no bite, § 767.04 is not your section — but its closing sentence matters to you anyway: "The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law." Florida's dog remedies stack rather than exclude one another.

Nothing in the statutes turns on whether the dogs had ever shown aggression before, or on whether the owner knew about it. Do not let anyone tell you the dogs get a free first incident under Florida law.

If your son's own conduct is raised, the era matters. For an injury before March 24, 2023, § 768.81(2) provided that contributory fault "diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant's contributory fault, but does not bar recovery." A share of fault reduced the recovery and never eliminated it. The Legislature changed that rule in 2023 for later injuries, and which version applies is a lawyer's question. How a child's conduct is judged at all is a separate question the courts have developed, and it is not something this page can resolve.

On charges: whether an owner faces a citation or a criminal charge is up to the authorities. What you can do yourself is start the animal-control process, which is an agency matter and open to anyone.

What you can do

1. Report the incident to your county or city animal control now, in writing if possible. Ask them to open a case and give you the case number.

2. Get your son's injury documented in the medical record, including how it happened. If the records say only "fell," ask the provider to note the reported cause.

3. Photograph where it happened — the yard, the fence or gate, and any place the dogs got out. Conditions change quickly.

4. Write down the names and contact information of anyone who saw the chase or the fall, and what your son told you that day.

5. Identify the dogs' owner and address if you can, and find out whether they have homeowners or renters insurance. That is often what actually pays a claim like this.

6. Ask a Florida attorney about a claim brought on your son's behalf. Claims for a minor have their own rules about who files and how any recovery is handled.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts — the date, who owns the dogs, and what the medical records say — is worth more than any general guidance, including this page.

⏱ Time limits apply. For negligence claims arising before March 24, 2023, the former four-year period under the earlier text of § 95.11 applied; a 2023 law changed both that deadline and Florida's shared-fault rule for later injuries, and § 95.11(5)(a) now sets two years. Deadlines for a minor's claim can work differently, which is a reason to ask sooner rather than later. A Florida attorney should run these against your dates. This page does not calculate any date.