You were somewhere you had every right to be when a dog attacked you. Now you are dealing with wounds, medical bills, missed work, and possibly a fear that follows you long after the physical injuries heal.
Florida law does not require you to prove a dog had a history of biting to hold its owner responsible. Rosenthal, Levy, Simon & Sosa represents dog bite victims in Port St. Lucie and throughout St. Lucie County. Our attorneys know how to build a claim under Florida's strict liability statute and how to pursue every available source of compensation.
More than $500 million recovered for Florida injury clients. 40 years of practice. Free case review, 24/7. No fee unless we win.
Call (772) 878-3880 today.
Table of contents
- Does Florida Law Allow You to Sue After a Dog Bite in Port St. Lucie?
- What Are the Exceptions to Florida's Dog Bite Law?
- How Does Reporting a Dog Bite in Port St. Lucie Work?
- Compensation Sources in a Port St. Lucie Dog Bite Claim
- Injuries Dog Bites Commonly Cause in Port St. Lucie
- Ask Rosenthal Levy
- Frequently Asked Questions About Dog Bite Claims in Port St. Lucie
- Talk to a Dog Bite Injury Lawyer at Our Port St. Lucie Office
Does Florida Law Allow You to Sue After a Dog Bite in Port St. Lucie?
Yes. Florida holds dog owners strictly liable for bites, which means you do not have to prove the owner knew the dog was dangerous.
Under Florida Statute 767.04, a dog owner is liable when their dog bites another person who was in a public place or lawfully on private property at the time. It does not matter whether the dog had ever bitten anyone before. Florida does not apply the "one bite rule" used in many other states.
You only need to show the bite happened and that you were where you had a right to be. Call (772) 878-3880 to find out what your claim is worth.
What Are the Exceptions to Florida's Dog Bite Law?
Florida's strict liability rule is strong, but dog owners and their insurers will raise specific defenses. An attorney evaluates whether those defenses legitimately apply or are being used simply to avoid paying a valid claim.
The "Bad Dog" Sign Defense
If a dog owner posts a clearly visible sign reading "bad dog" or "beware of dog" on their property, Florida law allows them to use that sign as a partial defense to strict liability. The sign must be prominently displayed and readable to anyone approaching the property. This defense does not apply when the bite victim is a child six years old or younger. Young children retain the right to recover under strict liability even when a warning sign is present. Parents can learn more about children and dogs and avoiding an attack to help keep young ones safe around unfamiliar animals.
Provocation and Comparative Fault
Florida's modified comparative negligence rule, updated by HB 837 in 2023, applies to dog bite claims. If the victim provoked the dog and bears some share of fault, the recovery is reduced proportionally. You can still recover as long as your share of fault does not exceed 50%.
Dog owners frequently overclaim provocation to reduce what they owe. An attorney challenges those assignments with the facts of the incident, witness accounts, and any available photographs or video.
Trespassing
Strict liability does not apply when the victim was trespassing on private property at the time of the bite. However, trespassers may still have claims under other legal theories depending on the circumstances. An attorney evaluates all available paths.
How Does Reporting a Dog Bite in Port St. Lucie Work?
Reporting a dog bite in Port St. Lucie creates an official government record that is foundational evidence in your claim. The process in St. Lucie County is handled through a different agency than Palm Beach County.
St. Lucie County Animal Control
Dog bite incidents in Port St. Lucie are handled by St. Lucie County Animal Control. Reporting the bite initiates an official investigation, triggers the state-required 10-day rabies quarantine for the dog, and creates a government record documenting the incident. That record strengthens every element of your civil claim.
An attorney requests the Animal Control investigation report as part of evidence gathering. The report documents the dog owner's information, the dog's vaccination status, any prior bite history, and the officer's observations.
What Does the 10-Day Quarantine Mean for Your Claim?
Florida law requires that any dog involved in a bite be quarantined for 10 days to monitor for rabies. The quarantine process establishes that a reportable bite occurred. In cases where a dog owner disputes the circumstances, the quarantine record provides official confirmation that supports your account of events.
Can an HOA Be Liable for a Dog Bite in a Port St. Lucie Community?
In some cases, yes. Port St. Lucie has a large number of HOA-governed residential communities, particularly in the Tradition area and in newer developments throughout the city. When an HOA knew about a dangerous dog in the community and failed to enforce its own pet policies, the HOA may share liability for a bite that occurs in a common area.
Most HOA governing documents include pet rules, leash requirements, and procedures for addressing dangerous animal complaints. When a resident has previously complained about a specific dog and the HOA took no action, that inaction can be evidence of negligence separate from the dog owner's strict liability. An attorney reviews the HOA's governing documents and complaint history as part of the investigation.
Does Violating St. Lucie County's Leash Law Affect Your Claim?
Yes, and it can strengthen it significantly. St. Lucie County requires dogs to be under control at all times in public areas, including on leashes or within properly secured enclosures. A dog owner who allowed their dog to run loose in violation of the county leash ordinance when the bite occurred has committed a regulatory violation.
In Florida, violating a statute or ordinance designed to prevent the kind of harm that occurred is evidence of negligence per se. If the leash ordinance required the owner to control the dog and they failed to do so, that failure is direct evidence supporting your claim. An attorney incorporates the leash law violation into the liability analysis from the beginning.
Compensation Sources in a Port St. Lucie Dog Bite Claim
In most dog bite cases, the source of compensation is the dog owner's homeowner's or renter's insurance policy, not the owner's personal assets.
Standard homeowner's insurance policies in Florida typically include personal liability coverage that applies to dog bite claims. Many policies carry at least $100,000 in liability coverage, and some carry significantly more. When the dog owner is a renter, their renter's insurance often provides similar personal liability protection.
When the bite occurred in a common area of an HOA community, both the dog owner's homeowner's insurance and the HOA's own liability policy may be relevant. A Port St. Lucie personal injury attorney identifies every insurance policy that may cover the claim before advising on how to proceed.
Injuries Dog Bites Commonly Cause in Port St. Lucie
Dog bites produce a wide range of injuries, from puncture wounds that heal in a single visit to complex injuries requiring surgery, long-term rehabilitation, and psychological support.
Physical injuries from dog bites include deep lacerations requiring surgical closure, nerve damage causing lasting numbness or loss of function, tendon injuries in the hands and arms, bone fractures, and permanent scarring or disfigurement. Infection is a serious secondary risk, as dog bites commonly introduce bacteria that require aggressive antibiotic treatment and in some cases hospitalization.
Psychological injuries are equally compensable under Florida law. Children and adults who experience dog attacks often develop post-traumatic stress disorder, known as PTSD, lasting anxiety around dogs, and emotional distress that affects their daily lives. An attorney documents both physical and psychological harm in the full valuation of your claim.
What Should You Do After a Dog Bite in Port St. Lucie?
The steps you take in the hours and days following a dog bite directly affect your legal recovery.
Get medical attention immediately. Dog bite wounds can become infected within hours. Same-day medical documentation connects your injuries to the incident and preserves any applicable insurance coverage.
Report the bite to St. Lucie County Animal Control. This initiates the official investigation, triggers the 10-day quarantine, and creates the government record that supports your claim.
Photograph your injuries and the scene. Document every wound before and after treatment. Photograph the location where the bite occurred, any fence failures, leash conditions, or other relevant details. Collect the dog owner's name, address, and homeowner's insurance information.
Do not sign any release or settlement document from the dog owner or their insurer without consulting an attorney. Early offers frequently do not reflect the full cost of treatment or the long-term impact of the injury.
Call (772) 878-3880 for a free case review with Rosenthal, Levy, Simon & Sosa.
What Compensation Can a Port St. Lucie Dog Bite Victim Recover?
Florida law allows dog bite victims to pursue full economic and non-economic damages.
Economic damages include all past and future medical expenses, from the initial emergency visit through surgery, physical therapy, and ongoing treatment required by permanent injury. They include wages lost during recovery and reduced earning capacity when the injury causes lasting limitations.
Non-economic damages address pain and suffering, permanent scarring and disfigurement, emotional distress, and psychological harm including PTSD. For victims who suffer visible scarring from a bite on the face, hands, or neck, non-economic damages can represent a substantial portion of the total recovery.
An attorney evaluates the full scope of the injury, including conditions that may worsen over time, before any settlement discussion begins.
How Long Do You Have to File a Dog Bite Claim in Florida?
Two years from the date of the bite under Florida Statute 95.11(3)(a). Acting quickly also matters for practical reasons. The dog owner's insurer begins its own investigation as soon as the claim is reported. An attorney involved early can obtain the Animal Control report, document injuries while they are most visible, and build the factual record before witnesses become difficult to locate.
Ask Rosenthal Levy
Q: A delivery driver was bitten by my neighbor's dog while dropping off a package at their home. What are the driver's rights?
A: Delivery workers, including USPS carriers, Amazon drivers, and FedEx employees, are lawfully on private property during a delivery, which means Florida's strict liability statute applies to them just as it does to any other bite victim. Workers' compensation coverage through their employer does not eliminate their right to pursue a direct claim against the dog owner. Both paths can run simultaneously.
Q: I was walking on a greenway trail in Port St. Lucie when an off-leash dog attacked me. The owner says it is a public area and they are not responsible. Is that true?
A: No. Florida Statute 767.04 specifically includes public places as locations where strict liability applies. An attack on a public trail, greenway, or park pathway is precisely the kind of situation the statute was designed to cover. The fact that the area is public does not diminish the owner's responsibility. The leash ordinance violation also applies independently as evidence of negligence. An attorney addresses both the statutory liability and the ordinance violation in the claim.
Q: The HOA in my Port St. Lucie community received complaints about the same dog before it bit me. Do I have a claim against the HOA?
A: Possibly yes. When an HOA has been notified about a dangerous dog, has the authority to enforce pet policies, and fails to act, it may share liability for a subsequent bite in a common area. An attorney reviews the HOA's governing documents, complaint records, and any prior enforcement actions to determine whether the HOA's conduct supports a claim alongside the direct claim against the dog owner.
Q: My child was bitten by a dog at a birthday party at another family's home in Port St. Lucie. The dog is usually kept inside. What are our options?
A: Your child's claim is governed by Florida Statute 767.04 the same as any other bite claim. The fact that the dog is normally kept indoors is legally irrelevant under Florida's strict liability standard. The host family's homeowner's insurance is the typical source of compensation. An attorney evaluates your child's full injuries, including any psychological impact from the attack, and pursues the homeowner's policy for the total value of the claim.
Serving Dog Bite Victims in Port St. Lucie and St. Lucie County
Rosenthal, Levy, Simon & Sosa has a Port St. Lucie office at 1660 St Lucie W Blvd, Suite 300. Our attorneys handle dog bite cases throughout St. Lucie County, including Port St. Lucie, Fort Pierce, and communities in the Tradition corridor and western PSL. Cases in Martin County are also handled through the 19th Judicial Circuit.
Our attorneys and staff are bilingual. We represent English and Spanish-speaking clients with the same level of commitment. Clients in the Westlake area of Palm Beach County can reach us through our West Palm Beach office.
$500 million recovered. 40 years serving South Florida and the Treasure Coast. No fee unless we win.
Call (772) 878-3880 or (866) 640-7117. Available 24/7. Se habla español.
Frequently Asked Questions About Dog Bite Claims in Port St. Lucie
Does Florida's dog bite law apply if the dog that bit me belongs to a family member?
Yes. Florida Statute 767.04 applies regardless of your relationship to the dog's owner. Claims against a family member's homeowner's or renter's insurance policy are handled the same way as any other dog bite claim. The insurance company, not the family member personally, is typically the party that responds to the claim. An attorney evaluates the available coverage and advises on how to proceed while protecting personal relationships where possible.
What if the dog owner claims they had no idea the dog was capable of biting?
Under Florida's strict liability statute, that claim is legally irrelevant. The owner's knowledge of the dog's prior behavior is not required to establish liability. The bite itself and the lawfulness of your presence at the location are the elements that matter. An attorney builds the claim on those elements and addresses the ignorance defense directly.
Can I file a dog bite claim in Port St. Lucie if the owner does not have homeowner's insurance?
Yes, though recovery may be more complex. When no homeowner's or renter's policy is available, a direct personal judgment against the dog owner is possible. An attorney evaluates the owner's financial situation and insurance status and advises on whether pursuing a judgment is practical given the specific circumstances.
Does Rosenthal Levy handle dog bite cases throughout St. Lucie County?
Yes. The firm serves clients throughout St. Lucie County, including Port St. Lucie, Fort Pierce, Tradition, and surrounding communities. The Port St. Lucie office at 1660 St Lucie W Blvd handles 19th Judicial Circuit cases directly. Most initial consultations are conducted by phone, and in-person meetings can be arranged. To see examples of past recoveries view our case results.
Talk to a Dog Bite Injury Lawyer at Our Port St. Lucie Office
Florida's strict liability law puts the responsibility where it belongs: on the dog owner. If you were bitten in Port St. Lucie, you have legal rights that do not require proving the dog had a history of aggression.
Rosenthal, Levy, Simon & Sosa is ready to review your case at no cost.
Free case review. No fee unless we win. Available 24/7.
Call (772) 878-3880 or (866) 640-7117. Se habla español.
Rosenthal, Levy, Simon & Sosa 1660 St Lucie W Blvd, Suite 300, Port St. Lucie, FL 34986 | (772) 878-3880