PRACTICE AREAS

The legal framework for a dog bite claim varies significantly by state, and recent 2025 developments have further shifted the landscape in New York and Florida. Understanding these statutes is essential for determining how liability is assigned after an attack.

Key laws affecting these cases include:

• Strict Liability (Florida): Under this law, owners are held strictly liable for bites regardless of the dog’s past behavior. However, liability can be reduced by “comparative negligence” if the plaintiff provoked the dog.
• The “Bad Dog” Sign Defense: In Florida, prominent signage can shield an owner from liability, unless the injured is under six years old or the owner was otherwise negligent.
• The Flanders v. Goodfellow Ruling (New York): As of April 2025, New York has overturned the restrictive “one-bite rule.” Injured individuals can now pursue claims based on ordinary negligence. This means you no longer need to prove the dog had “vicious propensities” if the owner failed to use reasonable care.
• Dangerous Dog Registrations: Laws like Florida’s Pam Rock Act (effective July 2025) impose stricter insurance and microchipping requirements on owners of dogs previously declared dangerous.

Navigating these evolving statutes requires technical precision. It is wise to consult a dog bite attorney to determine which legal theory—strict liability or negligence—best applies to your specific situation.

Proving Liability in Dog Bite Cases

Establishing liability in a dog bite claim depends significantly on state-specific statutes. In Florida, dog owners are subject to “strict liability,” meaning they are responsible for injuries caused by their dogs regardless of the dog’s past behavior or the owner’s knowledge of its temperament. In contrast, New York traditionally followed a “one-bite rule” requiring proof of “vicious propensities.” However, a landmark 2025 court ruling in Flanders v. Goodfellow has expanded liability. It now allows injured parties to pursue claims based on ordinary negligence, such as failing to secure a gate or leash.

To prove liability, evidence such as animal control reports, witness statements, and photos of the scene is essential. Because defenses like provocation or trespassing can reduce compensation under comparative negligence rules, affected individuals may find it beneficial to consult a dog bite attorney to protect their rights. Successfully documenting the owner’s failure to take reasonable precautions is now a critical component of securing a full recovery dog bite litigation.

Overcoming Challenges in Your Dog Bite Case

Successfully pursuing a dog bite claim involves navigating complex local ordinances and evidentiary hurdles. Unlike standard accidents, liability often depends on specific animal control laws that vary by state or municipality.

Below are some of the common challenges you may face:

• Identifying Ownership: Establishing legal responsibility can be difficult if the dog was roaming or if the owner provides false information.
• Proving Scienter: In “one-bite rule” states, proving the owner knew of the dog’s prior aggressive tendencies requires extensive investigation.
• Insurance Exclusions: Many homeowners’ policies exclude certain breeds, leaving injured parties to seek alternative sources of recovery.
• Proving Lack of Provocation: Overcoming defense arguments that the individual teased or incited the animal.
  
  

These cases involve strict deadlines and insurance technicalities. A dog bite attorney from HL Law Group can help you secure witness statements and animal control records early in the process. Reach out early so we can make a move right away.

How a Dog Bite Attorney Can Assist

In a dog bite accident claim, an attorney’s primary function is to navigate the specific statutes that govern animal owner liability. Because laws vary between strict liability and negligence standards, professional legal guidance is essential for a successful outcome.

The key responsibilities of a personal injury attorney include:

• Investigating Ownership: We help confirm the identity of the dog owner and identify any applicable insurance policies, such as homeowner’s or renter’s insurance.
• Proving Vicious Propensities: In jurisdictions without strict liability, we help gather evidence of the dog’s history of aggression or prior attacks.
• Documenting Medical Impact: We work with medical experts to value the costs of nerve damage, infection treatment, and future reconstructive surgery.
• Negotiating Settlements: We’ll handle all communications with insurance adjusters who may attempt to shift the blame to you or your loved one.
  
  

Dog bite accidents often leave physical and emotional scars that can become permanent. Seeking the assistance of a dog bite accident attorney helps ensure your long-term recovery needs are legally protected.

Let HL Law Group Protect Your Rights After a Dog Bite

Recovering from a dog bite involves more than just treating physical wounds; it also often requires addressing long-term scarring and emotional trauma.

The path to legal recovery depends heavily on your location, as states and local municipalities may have different, and even conflicting, laws or ordinances. For example, Florida remains a strict liability state, holding owners responsible for bites regardless of the dog’s past behavior. Meanwhile, New York law traditionally follows a “one-bite” rule, requiring proof of a dog’s “vicious propensities” before the injured can recover damages beyond medical expenses.

Regardless of where the incident occurred, evidence such as medical records, witness statements, and photos of the injuries is vital for building a strong case. With Florida’s recently shortened two-year statute of limitations and New York’s specific notice requirements, acting quickly is essential to preserving your right to compensation.

Take the first step toward justice today. If you or a loved one has been injured, contact a dog bite attorney for a free, confidential case evaluation. Our team will help you navigate these complex state laws and ensure that the responsible parties are held accountable for your recovery.

Call today at (866) 673-5553 or email [email protected] to schedule your free consultation.