Dog Bite Statute of Limitations in Florida
Last verified 2026-07 · Source: Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023) ✓ verified · 3 sources
The deadline
2 years
from Date of bite/injury, under Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023).
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The deadline to file a dog bite lawsuit in Florida is 2 years, set by Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023). It starts running on Date of bite/injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Florida Deadlines for Related Claims
When the Clock Starts
In Florida, the limitations period for dog bite injury claims generally begins on Date of bite/injury. Florida does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Must comply with Fla. Stat. § 768.28 notice requirements before suing a Florida government entity
Florida imposes strict liability for dog bites in public places or while lawfully on private property; comparative negligence applies. The SOL was reduced from 4 years to 2 years by HB 837, effective March 24, 2023 — bites occurring on or after that date have a 2-year SOL.
Source: Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023), official Florida statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Florida government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Florida Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Florida | 2 years | Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023) |
| Georgia | 2 yrs | O.C.G.A. § 51-2-7 (vicious animal liability); SOL: O.C.G.A. § 9-3-33 |
| Alabama | 2 yrs | Ala. Code § 3-6-1 (dog bite liability); SOL: Ala. Code § 6-2-38(l) |
Frequently Asked Questions
How long do I have to file a dog bite lawsuit in Florida?
You have 2 years from Date of bite/injury, under Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023).
Can I still sue after 2 years in Florida?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Florida generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Must comply with Fla. Stat. § 768.28 notice requirements before suing a Florida government entity
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Sources
- Official Florida Statutes § 767.04 - FL Senate
- Corroborating Justia - Fla. Stat. § 767.04
- Corroborating Nolo - Florida Dog Bite Laws
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Florida attorney.