What should I do after a dog bite in Florida?

What to do after a dog bite: scrub the wound, see a doctor and call your county health department. Florida's rabies and dog bite laws, and what to keep.

Author

Riley Beam

Lead Attorney
Florida Bar #100512
💡 Key Takeaways
  • Scrub the bite with soap and running water for 5 to 10 minutes, see a doctor or go to the ER, and call your county health department or animal control about the dog.
  • Under section 828.30, dogs 4 months and older must be vaccinated against rabies, and you or your doctor must be given the biting dog's rabies certificate information.
  • Get the owner's name and the dog's rabies vaccination information, photograph the injury and the place, and keep every medical record and bill.
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What should you do right after a dog bite?

After a dog bite, scrub the wound with soap and running water for five to ten minutes, then see your health care provider or go to the nearest emergency room. Get a description of the dog and where it is, and call your county health department or animal control so the dog can be quarantined or tested for rabies.

These steps come from the Florida Department of Health's rabies guidance.

Florida law matters here too. Under section 767.04, Florida Statutes, a dog owner is liable for damages when the dog bites someone in a public place, or someone lawfully on private property (including the owner's property), whether or not the dog had been vicious before and whether or not the owner knew. If your own negligence (carelessness) helped cause the bite, the owner's liability is reduced by the percentage your negligence contributed. And under the same section, an owner who displayed an easily readable sign including the words "Bad Dog" in a prominent place on the premises is not liable, except to a child under 6 or when the owner's own negligent act or omission caused the harm.

The full rules are in Is a dog owner always responsible for a bite in Florida? For more on Florida dog bite claims, see dog bite lawyers in Melbourne.

What does Florida law say after a dog bite?

Three Florida statutes matter most in the first days after a bite. The first-aid and reporting steps above are Florida Department of Health guidance, not statutes.

Section 828.30: rabies shots and the dog's rabies certificate

Under section 828.30, Florida Statutes, "All dogs, cats, and ferrets 4 months of age or older must be vaccinated" against rabies by a licensed veterinarian (or a person the statute allows) with a vaccine licensed by the U.S. Department of Agriculture.

After a rabies shot, the veterinarian must give the dog's owner and the animal control authority a rabies vaccination certificate. The owner's name, street address, phone number and animal tag number on a rabies vaccination certificate given to animal control do not have to be released under Florida's public records law.

But the statute says that any person "who has been bitten, scratched, or otherwise exposed to a zoonotic disease or the physician of such person" "shall be provided with any information contained in a rabies vaccination certificate but only with respect to the particular animal biting, scratching, or otherwise causing exposure." A zoonotic disease is a disease animals can pass to people, such as rabies. In plain words, you or your doctor must be given the rabies certificate information for the dog that bit you. The statute does not say who must give it to you or how to ask.

Section 767.12: animal control investigates

Under section 767.12, Florida Statutes, "An animal control authority shall investigate reported incidents involving any dog that may be dangerous." If possible, it must also interview the owner and require a sworn affidavit (a written statement signed under oath) from anyone who wants the dog classified as dangerous. The duty is to investigate reported incidents, so reporting the bite can start that process.

Section 767.04: the owner's liability

Under section 767.04, Florida Statutes, the owner of a dog that bites a person in a public place, or lawfully in a private place, including the owner's property, "is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness." Damages means money for the harm. The same section's fault rule and "Bad Dog" sign rule, explained above, can limit the owner's liability. The details are in Is a dog owner always responsible for a bite in Florida?

What if it's a stray, a neighbor's or a friend's dog?

The first steps are the same for any dog. These are general examples, not a prediction about any one case.

The owner is there

Ask for the owner's name, address and phone number, and whether the dog's rabies shots are current. Florida law requires dogs 4 months of age or older to be vaccinated against rabies. You or your doctor must be given the rabies certificate information for the dog that bit you. If the owner can't show it, say so when you call the health department or animal control.

A stray, or a dog that ran off

Try to get a complete description of the dog and find out where it is, so animal control can contain it for quarantine or rabies testing. The Florida Department of Health says that if you believe you may have been exposed to rabies, contact your health care provider and your county health department right away. It also says there is effective treatment that can prevent rabies infection in people if it is given in a timely manner.

A neighbor's, friend's or family member's dog

The medical steps and the call to your county health department or animal control are the same, even when you know the owner well. Section 767.04 covers a bite to someone lawfully on private property, including the owner's property. Many people worry about the relationship. Who pays is a separate question, covered in the next section.

A child was bitten

The same first aid and doctor visit apply. Under section 767.04, the "Bad Dog" sign rule does not protect the owner against a claim for a child under 6.

Other questions people ask after a dog bite

Should I see a doctor for a dog bite?

Yes. The Florida Department of Health says to go to your health care provider or the nearest emergency room after an animal bite. It also says that if you believe you may have been exposed to rabies, you should contact your health care provider and your county health department right away, and that effective treatment can prevent infection if it is given in a timely manner. A visit also creates a medical record of the injury.

Do I have to report a dog bite in Florida?

The Florida Department of Health tells people who are bitten to call their local county health department or animal control agency with the description and location of the animal. In Brevard County, the Florida Department of Health in Brevard County (DOH-Brevard) says that if you have been bitten by a wild or domestic animal, you should seek medical attention and report the injury to DOH-Brevard by calling 321-634-6337, option 3.

What happens to the dog if I report the bite?

The Florida Department of Health says the animal will either be quarantined (kept apart and watched) for ten days, if it is a dog, cat or ferret, or be tested for rabies. If the dog may be dangerous, animal control must investigate the reported incident. For what can happen next, see What happens to a dog that bites someone in Florida?

Who pays for medical bills after a dog bite?

The dog's owner may be responsible. Under section 767.04, the owner of a dog that bites someone in a public place, or lawfully on private property, "is liable for damages suffered by persons bitten," subject to the fault and "Bad Dog" sign rules above. Whether insurance pays is its own question, covered in Does homeowner's insurance pay for a dog bite?

What should you keep and do in the days after a dog bite?

Follow your doctor's care. Then write down and keep these:

  • Every medical record and bill.
  • The owner's name and contact information, and the dog's rabies vaccination information, which you or your doctor must be given.
  • The agency you reported the bite to and the date you called. In Brevard County, DOH-Brevard's number for reporting a bite is 321-634-6337, option 3.
  • Exactly where the bite happened and why you were there, since section 767.04 covers bites in a public place or where you were lawfully on private property.
  • Whether a sign was posted, what it said and where it was, with photos, since the "Bad Dog" sign rule turns on those details.
  • Photos of the injury and the place, and the names and phone numbers of witnesses.
  • When you describe what happened, stick to the facts and don't guess about fault, since your own share of fault can reduce the owner's liability.

Your deadline to file a lawsuit

Florida's 2023 change set a two-year deadline for negligence lawsuits, which covers most injury cases from incidents after March 24, 2023. Under section 768.28, Florida Statutes, a negligence lawsuit against a Florida state or local government agency must be filed within 4 years after the claim arises, except medical malpractice and wrongful death claims, which follow the deadlines in section 95.11(5), Florida Statutes. Before you can sue a government agency, a written claim generally must be presented within 3 years after the claim arises (2 years for wrongful death) and then denied, or left without a final decision for the time the law allows. Talk to a lawyer about the deadline for your situation. Older claims follow different rules, explained in How long do I have to file a personal injury claim in Florida?

Talk to a Melbourne dog bite lawyer

Douglas R. Beam, P.A. is a personal injury law firm in Melbourne, Florida. A lawyer can look at where the bite happened, who owns the dog, any sign that was posted and the deadline for your situation, and you can talk with us in a free consultation.

Call us at (321) 723-6591 or send a message through our website. Our office is at 25 West New Haven Avenue, Suite C, Melbourne, FL 32901.

Sources

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Riley Beam

Lead Attorney
(Florida Bar #100512)

Riley Beam is a personal injury attorney who has helped secure over $100 million for clients and earned recognition as President of National Trial Lawyers 40 Under 40.

Worried About Your Injury Case?
We'll Review It - Free
No pressure. Just honest answers from a top-rated law firm.
⭐⭐⭐⭐⭐  1,000+ Central Florida clients helped
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