A housekeeper named Maria Avila says she was mauled by Chris Brown’s dog, named Hades, while she was removing trash from his home, and that she was left covered in blood. She and her sister sued, the cases were consolidated for trial, and Brown has disputed their account, saying he did not see what happened until it was over. Whatever the jury makes of the facts, the case is a clean look at how Florida treats dog bites, and Florida is tougher on dog owners than the states people usually have in mind.
This is general legal commentary on a publicly reported, unresolved case. It is not legal advice, and The Safir Lawyer does not represent anyone in this matter.
Florida is a strict-liability state, with no “one free bite”
Many states give a dog one free bite, meaning the owner is off the hook the first time unless they already knew the dog was dangerous. Florida is not one of them. Under section 767.04, a dog owner is liable for a bite to a person who is lawfully on private property or in a public place, whether or not the dog had ever shown a hint of aggression and whether or not the owner knew. The owner’s surprise is not a defense. That makes a Florida dog-bite claim fundamentally different from one in a one-bite state.
A worker on the property is covered
You do not have to be a dinner guest to be protected. Lawful presence in Florida includes a person who is there to do a job, a housekeeper, a delivery driver, a meter reader, a contractor. Someone bitten while performing legitimate work on the property is squarely within the statute, which is directly relevant to a housekeeper hurt while taking out the trash.
What can still reduce a claim
Strict liability does not mean automatic. Florida’s comparative negligence rule still applies, so provoking, teasing, or ignoring an obvious danger can cut the recovery, and a person found more than 50 percent at fault recovers nothing. A prominently displayed “Bad Dog” sign can also limit an owner’s liability in some situations, though that protection falls away if the victim is under six years old or the owner was negligent in handling the animal.
Who pays, and for what
Dog-bite damages in Florida usually come from the owner’s homeowner’s or renter’s insurance, and they can be substantial because these injuries often leave scarring and disfigurement, which Florida law treats as real, compensable harm alongside medical bills, lost wages, and pain and suffering. A spouse may also bring a loss of consortium claim for the strain the injury puts on the marriage, which is why a single attack can produce more than one claimant.
What this means in Florida
If a dog bites you in Florida, photograph the injuries early, get medical attention and the dog’s vaccination history, identify the owner and the property’s insurance, and move quickly, because Florida’s deadlines for injury claims have tightened and can be as short as two years. The owner does not get a pass just because the dog seemed friendly until the moment it was not.
Injured in the Tampa Bay area?
Bitten by someone’s dog in Florida? The owner is on the hook even if the dog never bit anyone before. Let’s talk about what your claim is worth.
About the author
Rory Safir is a St. Petersburg attorney who handles injury claims and criminal defense across the Tampa Bay area. He is one of a handful of ACS-CHAL Forensic Lawyer-Scientists in Florida and a former Assistant Public Defender in Tampa, and he brings that same evidence-driven approach to fighting for injured clients.
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Common Questions
Is Florida a strict liability state for dog bites?
Yes. Under section 767.04, a dog owner is liable for a bite to a person lawfully on the property or in a public place regardless of whether the dog was ever aggressive before or the owner knew of any danger.
Does Florida have a one-bite rule?
No. Unlike many states, Florida does not give a dog one free bite. The owner can be liable for the first bite.
Are you covered if a dog bites you while you are working at someone's home?
Yes. Lawful presence includes people there to do a job, such as a housekeeper, delivery driver, or contractor, so a worker bitten on the property is protected by the statute.
How long do you have to file a dog-bite claim in Florida?
Florida's deadlines for injury claims are short and have tightened in recent years, as little as two years, so get advice promptly rather than assume you have a long window.