Dog Bites at Rentals and Condos: Florida's Strict Liability Statute

Dog bites often happen on property: a neighbor's yard, a condo hallway, an apartment courtyard, a vacation rental. Florida has a specific statute for dog bites, and it is stricter on owners than ordinary negligence law. Here is how it works.

Florida's Dog Bite Statute: Section 767.04

Under section 767.04, Florida Statutes, the owner of a dog that bites a 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."

That means the bitten person does not have to prove the dog had bitten before or that the owner knew it was dangerous. The question is whether the dog bit you while you were in a public place or lawfully on private property.

Who Is "Lawfully" on Private Property?

The statute says a person is lawfully on the owner's property when they are there "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." Mail carriers, delivery drivers, invited guests, and workers called to the property typically fit within that language.

The "Bad Dog" Sign Defense

Section 767.04 gives owners a defense if, at the time of the injury, they had "displayed in a prominent place on his or her premises a sign easily readable including the words 'Bad Dog.'" The sign defense does not apply in two situations:

• The person bitten is under the age of 6; or
• The damages were "proximately caused by a negligent act or omission of the owner."

Photos of the property, including whether a sign was posted, where it was, and whether it was readable, can matter a great deal.

The Victim's Own Negligence

The statute also provides that "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." Owners often argue the victim reached over a fence, petted the dog without asking, or ignored warnings.

Breed Does Not Decide the Case

The liability rule in section 767.04 does not depend on breed. Florida also no longer allows breed-specific local regulations. Section 767.14 lets local governments regulate dangerous dogs "provided that no such regulation is specific to breed, weight, or size." Chapter 2023-253, Laws of Florida, effective October 1, 2023, removed an exemption that had protected local breed-specific ordinances adopted before October 1, 1990, which is why Miami-Dade's long-standing pit bull ban is no longer enforceable.

Rentals, Condos, and HOAs

Section 767.04 imposes liability on the dog's owner. Whether a landlord, condominium association, or property manager can also be responsible depends on general premises liability law and the facts, such as who controlled the common area where the attack happened and what they knew. For landlord duties, see what Florida landlords must maintain.

Other Remedies

The statute states that its remedy "is in addition to and cumulative with any other remedy provided by statute or common law." Section 767.01, Florida Statutes, separately provides that a dog owner "is liable for any damage done by the owner's dog to a person."

Deadlines

Dog bite claims arising after March 24, 2023 are generally subject to the two-year negligence deadline. See Florida's two-year deadline, and talk to a lawyer about your specific dates.

How Your Case Is Referred

Your case will be referred to another lawyer. Recalde Law Firm, P.A. does not litigate premises injury cases. Rafael Recalde reviews what happened and, if the matter appears to have merit, refers it to another Florida lawyer or law firm that handles premises liability cases.

You will know which firm will handle your case before you sign anything. Under Rule 4-1.5 of the Rules Regulating The Florida Bar, a fee can be divided between firms only with your written consent, in a written contract signed by you and by each participating firm, and each firm accepts joint legal responsibility for your representation. You are always free to choose a different lawyer.

Frequently Asked Questions

Q: Is a Florida dog owner liable even if the dog never bit anyone before?

Generally yes. Section 767.04, Florida Statutes, makes the owner liable regardless of the dog's former viciousness or the owner's knowledge of it, if the person bitten was in a public place or lawfully on private property.

Q: Does a 'Bad Dog' sign protect a Florida dog owner?

It can. Section 767.04 says the owner is not liable if a prominent, easily readable sign including the words 'Bad Dog' was displayed, except when the victim is under 6 or the owner's negligence caused the damages.

Q: Can my compensation be reduced if I was partly responsible for a dog bite?

Yes. Under section 767.04, the bitten person's negligence that was a proximate cause of the bite reduces the owner's liability by that percentage.

Q: Do Miami-Dade pit bull rules still apply?

No. Section 767.14, Florida Statutes, as amended by chapter 2023-253, Laws of Florida, prohibits local dangerous-dog regulations that are specific to breed, weight, or size.

Sources

• Section 767.04, Florida Statutes (2026) — dog owner's liability for damages to persons bitten
• Section 767.01, Florida Statutes (2026) — dog owner's liability
• Section 767.14, Florida Statutes (2026) — local restrictions; no breed-specific regulation
• Chapter 2023-253, Laws of Florida (SB 942), sections 1 and 2

This article explains general Florida law as of October 9, 2026. It is not legal advice about your situation.