Dog Bite Laws in Palm Bay: What Victims Need to Know
Filename: angry-dog-showing-teeth-closeup.png
Image Alt Text: Close-up of a dog baring its teeth in an aggressive stance
Image Caption: Visible aggression is a key factor in dog bite cases—Palm Bay laws hold owners responsible for controlling dangerous animals.
Palm Bay residents love their dogs—but not every pet is properly trained, socialized, or secured. A friendly-looking dog can turn aggressive in an instant, leaving victims with painful injuries, emotional trauma, and rising medical bills. Whether it happens in a neighborhood, at Turkey Creek Sanctuary, or just walking down the street, dog bite victims have legal rights—and need to act quickly to protect them.
Many people don’t realize that Florida law is particularly protective of dog bite victims, even if the dog has never shown signs of aggression before. But despite the state’s favorable laws, owners and insurers often push back hard against paying fair compensation.
That’s why working with an injury lawyer serving Palm Bay can make a major difference. With the right legal guidance, you can pursue medical costs, lost wages, and damages for pain and suffering with confidence and clarity.
Florida’s Strict Liability Dog Bite Law
Florida operates under what’s known as a “strict liability” rule when it comes to dog bites. This means the dog’s owner is liable for any injuries their dog causes—regardless of the dog’s past behavior. In other words, the owner doesn’t get a “free bite” before facing legal consequences.
Under Florida Statutes §767.04:
- A dog owner is liable if the bite occurs in a public place or when the victim is lawfully on private property, including the dog owner’s home or yard.
- The law applies even if the owner took steps to prevent the attack, such as leashing the dog or posting warning signs.
- Victims do not need to prove the dog was dangerous or that the owner was negligent.
This legal framework makes it easier for injured parties to seek compensation—but it also means owners and their insurers are quick to build defenses to avoid payouts.
What to Do Immediately After a Dog Bite
The moments after a dog bite can be confusing and overwhelming, but the steps you take can shape your legal options down the line. Even if the injury seems minor, it’s essential to act quickly.
Here’s what to do:
- Get medical help right away. Dog bites can lead to serious infections, nerve damage, and permanent scarring. Immediate care also creates a record of your injuries.
- Identify the dog and the owner. Get the dog’s vaccination history and contact info for the owner. If the dog is off-leash and no one claims it, contact Palm Bay Animal Control.
- Take photos. Document your injuries, the scene, torn clothing, and the dog if possible.
- Report the bite. Contact Brevard County Animal Services or your local police department.
- Get witness information. Anyone who saw the attack may be key to supporting your version of events.
The more evidence you collect, the stronger your claim will be—especially if the dog owner disputes what happened or claims you provoked the animal.
Common Defenses in Dog Bite Cases
Filename: barking-dog
Image Alt Text: Dog barking aggressively trying to bite someone
Image Caption: Even if a dog is on private property, owners may still be liable if the animal poses a known risk to others
While Florida’s strict liability statute favors victims, dog owners and their insurance companies often raise legal defenses to reduce or deny payouts. Understanding these tactics can help you prepare your case.
Common defenses include:
- Trespassing: If the bite occurred on private property and the victim was not lawfully there, the owner may claim no liability under the statute.
- Provocation: If the dog was teased, hit, or antagonized, the owner may argue that the bite was a defensive response.
- Comparative fault: Florida follows a modified comparative negligence rule. If the victim is found more than 50% at fault for the incident—say, by ignoring posted warnings—they may not recover any damages.
These nuances highlight the importance of a well-documented case. Without proof of lawful presence and a lack of provocation, insurance companies may shift blame or reduce their offer significantly.
Why Legal Representation Matters in Dog Bite Cases
While some victims try to handle dog bite claims on their own, the truth is: insurance companies don’t play fair—especially when medical costs start piling up or permanent scarring is involved.
Here’s how an injury lawyer serving Palm Bay helps:
- Investigates the incident thoroughly, interviewing witnesses, retrieving medical records, and preserving physical evidence.
- Requests veterinary records and history of prior aggression, which the dog owner might not volunteer.
- Handles negotiations with the insurance company and ensures all damages—economic and emotional—are considered.
- Files a lawsuit if necessary, especially if the insurer denies responsibility or offers an unreasonably low settlement.
Dog bite cases can also involve homeowners or renters insurance policies, adding layers of complexity. An attorney will know where to look for coverage—and how to fight for every dollar you deserve.
Compensation Available to Dog Bite Victims
Filename: snarling-dog-on-leash-outdoors.png
Image Alt Text: Leashed dog snarling while being restrained by its owner
Image Caption: Leash control is essential—Palm Bay’s dog bite laws consider whether reasonable precautions were taken to prevent an attack
Dog bite injuries often go beyond physical wounds. Victims may deal with trauma, infection, scarring, and even long-term disability. A successful personal injury claim can help you recover compensation for:
- Medical expenses – ER visits, stitches, antibiotics, reconstructive surgery
- Future medical needs – Physical therapy, scar treatment, psychological care
- Lost wages – Time off work to heal or attend doctor appointments
- Pain and suffering – Physical pain, emotional distress, disfigurement
- Property damage – Torn clothing, damaged personal items like glasses or phones
Many of these damages are recoverable through homeowner or renter’s insurance, even if the bite occurred away from the dog owner’s home.
Know Your Rights, Protect Your Recovery
Dog bites can lead to lasting physical and emotional harm—but Florida law gives you the tools to hold negligent dog owners accountable. Personal injury cases often hinge on expert testimony—Frankl Kominsky Injury Lawyers regularly work with specialists to strengthen claims. By understanding your rights, acting quickly, and working with a personal injury lawyer serving Palm Bay, you can focus on healing while your attorney focuses on securing the compensation you deserve.
About the Author
This blog was written by a legal content specialist with extensive experience in Florida personal injury law, including dog bite liability and animal attack litigation. With a background in educating accident victims about their legal options, the author focuses on turning complex statutes into clear, actionable guidance.
