Frankie The Law Dog

Florida Dog Bite Law

If Florida animal control authority receives a report of a dog that may be dangerous, the authority will conduct an investigation into whether the dog should be officially classified as a “dangerous dog” under Florida’s dog bite laws.  If the dog is classified as dangerous, it must be kept under certain restrictions.

How Does a Dog Get Classified as Dangerous Under Florida Dog Bite Law?

A dog may be classified as dangerous if it:

• Has aggressively bitten, attacked, endangered or inflicted severe injury on a human being on public or private property.
• Has severely injured or killed a domestic animal on more than one occasion while off the owner’s property.
• Has been used primarily or in part for dog fighting or is trained for dog fighting.
• Without being provoked, the dog has chased or approached a person on public property in a “menacing fashion or apparent attitude of attack.”

Dogs Declared "Dangerous" will be Placed Under Restrictions

Will My Dog Be Taken Away from Me if it Bites Someone?

The animal control authority will investigate any reports that a dog may be dangerous.  The dog may be taken away from the owner and impounded if it bites or attacks someone.  If the dog is not impounded by the authority, the owner must keep the dog in a securely fenced or enclosed area pending the outcome of the investigation.  During the investigation, the dog’s owner may not relocate or transfer the ownership of the dog.

The dog owner will have a right to appeal any initial or final determination classifying the dog as dangerous.

What Must the Dog Owner Do About the Dangerous Dog?

Under Florida dog bite law, once the dog is designated as dangerous, it must be registered as such with the authority.  Additionally, the dog must be kept within a secure enclosure on which are posted clearly visible warning signs at all entry points that warn both adults and children that there is a dangerous dog on the property.  The dog must also be given a permanent identification, such as a tattoo or an electronic implant, identifying the dog as a certified dangerous dog.

If a dog has been designated as dangerous, it will be unlawful for the dog’s owner to permit the dog to be outside the enclosure unless the dog is muzzled and restrained by a “substantial chain or leash” and under the control of a competent person over 18 years of age.

Dogs that have been classified as dangerous may not be used for hunting.

Consequences of Violating the Restrictions Placed on Dangerous Dogs

Any dog owner who violates any of the restrictions placed on dangerous dogs may be charged with a noncriminal infraction and fined up to $500.  Moreover, if the dog bites someone, depending on the circumstances, the owner may be charged with a crime.  In the worst cases, the dog owner may face a homicide charge if someone dies from a dog attack.  Furthermore, in the event of a civil lawsuit, such a violation will only strengthen the victim’s case against the dog owner.

What if Someone was Trying to Hurt Me or My Dog?

What if the Dog is Protecting the Owner?

A dog will not be declared “dangerous” under the law if the person who is bitten by the dog was trespassing on the owner’s property or was tormenting, abusing or assaulting the dog or the dog’s owner or family member.  Further, no dog will be declared dangerous if the dog was protecting someone in the dog’s immediate vicinity from an unjustified attack or assault.

Source:  Chapter 767, Florida Statutes (2009).

Disclaimer:  This article is in no way intended as legal advice.  For help with specific legal issues surrounding Florida’s dog bite law, or the dog bite laws in your jurisdiction, please contact a dog bite attorney in your local area.

Under Florida dog bite law, a dog owner whose dog bites someone may be sued in civil court by the dog bite victim.  The dog owner may also face criminal charges under Florida law, up to and including homicide in the worst cases.  Under some circumstances, the dog may have to be destroyed.

What Happens Under Florida Law When a Dog Bites Someone?

The Florida Dangerous Dog Act

Florida’s Dangerous Dog Act provides that if a dog that has not been declared “dangerous” by the animal control authority attacks and causes severe injury or death to a human, the dog will be confiscated by the authority and impounded or quarantined.  If the dog’s owner had prior knowledge of the dog’s dangerous propensities, but demonstrated reckless disregard under the circumstances, the owner may be charged with a second-degree misdemeanor punishable by up to 60 days imprisonment.

If a dog that has already been classified as a dangerous dog attacks or bites a person or a domestic animal without provocation, the dog’s owner faces a first-degree misdemeanor charge.  A first-degree misdemeanor is punishable by up to one year in prison.

If a dog that has previously been classified as a dangerous dog attacks and causes severe injury or death to a human, the owner faces a third-degree felony charge.  Such a charge carries a potential sentence of five years in prison.

In Extreme Cases, the Dog’s Owner May be Charged with Manslaughter

If a dog kills a human and if the owner has demonstrated a high level of disregard for human life, the State of Florida may charge the dog’s owner with manslaughter by culpable negligence, regardless of whether or not the dog was ever classified a dangerous dog under the law.  Manslaughter by culpable negligence is a second-degree felony punishable by up to 15 years in prison.

Will a Dangerous Dog be Euthanized?

When a dog attacks or bites someone in Florida, the dog will be immediately confiscated by the animal control authorities and will either be placed in quarantine, if appropriate, or impounded.  The dog’s owner will be provided with written notification of the dog’s quarantine or impounding and the dog will be held for 10 business days to give the owner time to file a written appeal.  If the owner does not appeal, the dog will be humanely destroyed.

If the owner files an appeal, the dog may not be destroyed while the appeal is pending.  The dog’s owner will be responsible for all boarding costs and other fees necessary to keep the dog during the appeal procedure.  If the owner loses the appeal, the dog may be destroyed.

What If My Dog Bit Someone While Protecting Me?

What if the Dog is Protecting the Owner?

If the dog attacks or bites someone who is committing a crime or attempting to commit a crime at the time of the attack, the owner will not be guilty of any crime.

It is also important to note that a dog will not be declared dangerous under Florida law in the first place if the person who is bitten by the dog was trespassing on the owner’s property or was tormenting, abusing or assaulting the dog or the dog’s owner or family member.  Further, no dog will be declared dangerous if the dog was protecting or defending a human within the immediate vicinity of the dog from an unjustified attack or assault.

Additional Sources:  § 775.082, Florida Statutes (2009); Freeman v. State, 969 So. 2d 473 (Fla. 5th DCA 2007).

Additional Resources:  Homeowner Insurance for Dog Bites, How to Hire an Attorney

Disclaimer:  This article is in no way intended as legal advice.  For help with specific legal issues surrounding Florida’s dog bite law, or the dog bite laws in your jurisdiction, please contact a dog bite attorney in your local area.

All Dog Owners Need Insurance That Covers Dog Bites

All Dog Owners Need Homeowner Insurance for Dog Bites

No matter what breed of dog one owns and no matter how well-trained the dog, all dog owners should give serious thought to making sure they have sufficient homeowner insurance to cover dog bites or other injury caused by their dogs.

According to attorney Kenneth Phillips, a recognized authority on dog bite law, almost five million people in the United States are bitten by dogs every year, with children being the victims of the most serious attacks.  The annual losses from dog bites amount to a staggering $1 billion.  “These losses do not have to be borne by the dog owners and victims, because insurance is available to pay for it,” says Phillips.

Recommended Homeowner Insurance Coverage for Dog Bites

Phillips recommends homeowner insurance or renter’s insurance that provides coverage for, and does not exclude, injuries inflicted by dogs or animals in general with a limit of at least $100,000 for personal liability.  This amount provides for an appropriate amount of compensation for all but the most severe injuries caused by dogs.

Because dogs often end up biting people the homeowner cares about the most, such as relatives, friends, neighbors, and particularly children, Phillips suggests that dog owners may want to have a limit as high as $1 million through either their homeowner or renter’s policy, or through a so-called umbrella policy.  (An umbrella policy supplements the homeowner’s or renter’s insurance coverage and pays claims over and above the existing policy, up to the limit purchased.)

Don’t Assume Your Homeowner Insurance Policy Covers Dog Bites

Phillips cautions that insurance companies often try to sell homeowner insurance policies that exclude dog-inflicted injuries.  Additionally, there are companies that refuse to sell homeowner insurance to people who own certain dog breeds that have reputations for being “dangerous.”  According to insure.com, such breeds include:

Some Insurers Refuse to Sell Homeowner Insurance to Owners of Certain "Dangerous" Breeds

• Pit Bulls
• Rottweilers
• Chow chows
• German shepherds
• Siberian huskies
• Alaskan malamutes
• Doberman pinschers
• Presa Canario bulldogs
• Great Danes
• Boxers
• Akitas
• Wolf-hybrids

However, Michigan and Pennsylvania outlaw the denial of coverage simply because a home has a particular breed of dog, and other states are considering similar legislation.  Nevertheless, some companies simply exclude certain reputedly dangerous breeds from coverage.

Phillips notes that insurers are also “quietly revising homeowner policies that protected dog owners when they originally bought those policies.”  He recommends that dog owners pay careful attention to all notices they receive from their insurers to see if coverage for dog-inflicted injury has been eliminated.

The bottom line is that no dog owner should purchase a homeowner insurance or renter’s policy that excludes coverage for dog bites or other injury caused by dogs unless he or she purchases a supplemental policy.  Dog owners should check their existing policies to determine whether they contain exclusions or limitations for dog bites.

Talk it over with your insurance agent to ensure you have sufficient coverage in the event the unthinkable happens, and if your current policy either does not cover dog bites, or does not provide enough coverage, consider obtaining a supplemental policy.

Bill Seeks to Ensure that Dogs and Cats Used by Animal Research Facilities are Obtained Legally

Representative Michale Doyle (D-PA) has introduced the Pet Safety and Protection Act of 2009 (H.R. 3907).  The measure would amend the Animal Welfare Act to ensure that all dogs and cats used by research facilities are obtained legally.

Dogs and Cats Used by Research Facilities Must be Obtained Legally

Dogs and Cats Used for Animal Research or Educational Purposes

The new law would specify the sources from which research facilities, including federal research facilities, may obtain dogs and cats for “research or educational purposes.”  Under the Pet Safety and Protection Act of 2009, a research facility may obtain dogs and cats for research and educational purposes only from:

• A licensed dealer who bred and raised the dog or cat.
• A registered public shelter or pound that is otherwise in compliance with federal regulations and that obtained the animal from its legal owner, other than another pound or shelter.
• The legal owner of the dog or cat, if the owner is donating the animal and if the owner bred and raised the dog ro cat, or if the owner has owned the animal for at least one year.
• A federally licensed research facility.

Nothing in the measure would require a pound or shelter to sell, donate, or offer a dog or cat to a research facility.  The bill would carry a fine of $1,000 for each violation in addition to any other applicable penalty.

What Does the Pet Safety and Protection Act Mean?

As a practical matter, the Pet Safety and Protection Act would prohibit “Class B” dealers and unlicensed individuals from selling dogs and cats to research laboratories.  According to an urgent alert issued by the ASPCA:

Class B Dealers are people who collect dogs and cats to sell to the research industry.  They sometimes obtain their animals through illegal or unethical means, such as by responding to “free to good home” ads in newspapers, falsifying records to keep the true origins of the animals unknown and stealing pets kept outside in yards.  They also buy animals in bulk from “bunchers,” whose methods are even more questionable.

Eliminating Class B dealers would take away the profit motive from “bunchers” and ensure that pets are not stolen or acquired under false pretenses and sold to facilities that conduct laboratory tests on animals.

What’s Next for the Pet Safety and Protection Act?

The measure was introduced in the House on October 22, and has been referred to the House Committee on Agriculture.  It amends the Animal Welfare Act which was put in place with the stated purpose of insuring “that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment.”

In the meantime, the ASPCA is urging concerned citizens to contact their senators and representatives in Congress and ask them to support and co-sponsor the bill.