Florida’s dog bite injury statute, F.S. 767.04, indicates that people who own dogs or are responsible for controlling them may be liable if that person bites a dog – regardless of whether the dog had previously shown a propensity to bite or be vicious.
However, every state has a different approach to liability. Others don’t afford the same protections as as our state.
For example in Georgia, the law requires a finding that the owner/ controller of the dog knew or should have known it was dangerous or had a propensity to be vicious. In a recent case before the Georgia Supreme Court, justices were asked to consider whether this alleged knowledge of the dog’s viciousness was a matter of law for a judge to decide or a matter of fact for a jury. Justices sided with the latter interpretation, reversing the appellate court and remanding the injury case for a trial by jury. Continue reading ›