Am I Still Liable If My Dog Bites Someone Because That Person Was Provoking My Dog?

You may still be liable. However, if the person whom your dog bit was provoking the dog or acting in some other manner that contributed to the incident, your liability will be lessened by the percentage of fault in causing the injury that is attributed to the bitten party. This means that if the person who your dog bit is determined by a judge or jury to have been 50% responsible for their own injuries because they provoked your dog, you will only be 50% responsible, and thus only be required to pay 50% of the total damages resulting from the injury.

Other Florida Pet Law FAQs

Q: Am I Legally Responsible If My Dog Bites Someone?
A: Yes. In the state of Florida an owner of a domesticated dog is liable for any injuries that their dog causes to any other person, if that person is in a public place … More
Q: What If My Dog Bites Someone Who Is Trespassing On My Property?
A: If your dog bites someone who is trespassing on your property or in your home, you will not be held responsible. Therefore, if your dog acts as a guard dog and it … More
Q: Is There Any Way That I Can Avoid Being Liable For Injuries That My Dog May Cause To Persons Who Are Lawfully On My Property?
A: Under Florida Statute Section 767.04, if you display a sign that reads Bad Dog, which is placed in the plain sight of any guests you may be able to avoid liability if … More
Q: I Have Read That Some Dogs Are Classified As A Dangerous Dog In Florida? What Does This Mean?
A: A dangerous dog is a classification given to a dog by the proper animal authority in your jurisdiction. A jurisdiction's animal authority will find a dog dangerous if … More
Q: How Is It Determined Whether My Dog Is A Dangerous Dog?
A: An animal control officer will investigate your dog if any incident is reported to animal control regarding your dog. As part of this investigation you may be … More
Q: What Do I Need To Do If My Dog Is Determined To Be A Dangerous Dog?
A: If your dog is found to be dangerous you are entitled to a hearing to challenge that finding. If after a hearing is held at a county court, your dog is found to be … More
Q: What Can Happen If My Dangerous Dog Bites Somebody?
A: If your dog, that has previously been found to be a dangerous dog, bites another person, domesticated animal or livestock without being provoked you, as the owner, may … More
Q: Can My Dog Be Killed By Animal Control If It Bites Somebody And Was Never Found To Be A Dangerous Dog?
A: It depends. If you dog, which has not be found to be a dangerous dog, causes severe injury or death to a human being it may be detained by animal control for 10 days, … More
Q: What If My Dangerous Dog Bites Someone Who Is Attempting To Enter My Property Illegally Or Commit A Crime?
A: If your dog, whether it is considered dangerous or not, bites someone who is attempting to enter your property illegally or commit another crime animal control cannot … More
Q: My Dog Has Killed Sheep Before. Does This Have Any Legal Affect On How I Need To Care For My Animal?
A: Yes. If any dog that has been known to kill sheep is found unattended in the open wilderness, it will be considered a runabout dog, and the dog can be lawfully …