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Florida Statute 767.01 | Lawyer Caselaw & Research
F.S. 767.01 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 767.01

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 767
DAMAGE BY DOGS; DANGEROUS DOGS
View Entire Chapter
F.S. 767.01
767.01 Dog owner’s liability for damages to persons, domestic animals, or livestock.Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01.
History.RS 2341; ch. 4979, 1901; GS 3142; RGS 4957; CGL 7044; s. 1, ch. 94-339.

F.S. 767.01 on Google Scholar

F.S. 767.01 on Casetext

Amendments to 767.01


Arrestable Offenses / Crimes under Fla. Stat. 767.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 767.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

G. STRICKLAND, v. PINELLAS COUNTY,, 261 So. 3d 700 (Fla. App. Ct. 2018)

. . . The letter set forth sections 767.01, 767.13(2), and 784.05(1), Florida Statutes (2015), which apply . . .

DAVISON, v. BERG,, 243 So. 3d 489 (Fla. App. Ct. 2018)

. . . Davison filed an action against Berg under section 767.01, Florida Statutes (2014), which imposes liability . . . I. " Section 767.01 is a strict liability statute which has consistently been construed to virtually . . . The only total defense to liability available in a section 767.01 action is for a dog owner to have " . . . Park Rules signs were sufficiently equivalent to "Bad Dog" signs to preclude liability under section 767.01 . . . Similarly, section 767.01 was amended in 1994 to clarify which "domestic animals" and "livestock" dog . . .

UNITED STATES v. STIFF,, 407 F. App'x 896 (6th Cir. 2011)

. . . determined that, at the time of their arrest, Stiff and his co-defendants possessed 13.78 grams of heroin, 767.01 . . .

In BURNS, L. v., 395 B.R. 756 (Bankr. M.D. Fla. 2008)

. . . Supreme Court of Florida explained that where a dog acts in an affirmative and aggressive manner, Section 767.01 . . .

TRAMMELL, v. A. THOMASON,, 559 F. Supp. 2d 1281 (M.D. Fla. 2008)

. . . . § 767.01 (Strict Liability) and § 767.04 (Strict Liability) (Dkt. 46) (“Trammell’s Motion”); 2. . . . Sections 767.01 and 767.04. (Dkt. 46 at p. 1). . . . In particular, Section 767.01 reads as follows, “Owners of dogs shall be liable for any damage done by . . . Section 767.04 makes dog owners strictly liable to any person bitten by their dog and Section 767.01 . . . The legislative intent behind Sections 767.01 and 767.04 makes clear that the strict liability statutes . . .

MURPHY, Sr. v. SARASOTA OSTRICH FARM RANCH, INC. v., 875 So. 2d 767 (Fla. Dist. Ct. App. 2004)

. . . The Ostrich Farm asserted a claim against Shook and Murphy under section 767.01, Florida Statutes (2000 . . .

JORDAN v. BROWN E. Jr., 855 So. 2d 231 (Fla. Dist. Ct. App. 2003)

. . . Brown, Jr., appellees, pursuant to section 767.01, Florida Statutes (1995), appeal an amended final order . . . The Browns filed an action against the Jordans seeking damages for statutory liability under section 767.01 . . . Brown to fall, admitted liability under section 767.01, but denied that she suffered any injury. . . .

TURNER, v. UNITED STATES, 181 F. Supp. 2d 700 (E.D. Mich. 2001)

. . . ATF agent and supported by a laboratory report, seized from the residence was: 13.78 grams of heroin; 767.01 . . . The defendant is being held responsible for 13.78 grams of heroin; 767.01 grams of cocaine base; and . . .

KRENZ- BUCHANAN KRENZ, a v. E. SHALALA,, 884 F. Supp. 324 (W.D. Wis. 1995)

. . . . § 767.01 to grant the circuit courts jurisdiction to hear posthumous paternity actions and created . . . The legislature amended § 767.01, entitled “Jurisdiction,” to add to the provision that an action under . . .

A. HUIE, v. WIPPERFURTH, 632 So. 2d 1109 (Fla. Dist. Ct. App. 1994)

. . . supreme court held that the common-law Fireman’s Rule was not a defense to actions brought under sections 767.01 . . . 1976), the court stated that, “[b]ecause of the severe, potential consequences inherent in [section 767.01 . . . Section 767.01 provides, as it did in 1981, that: Owners of dogs shall be liable for any damage done . . . by their dogs to sheep or other domestic animals or livestock, or to persons. § 767.01, Fla.Stat. (1993 . . .

GEORGE, v. MANN,, 622 So. 2d 151 (Fla. Dist. Ct. App. 1993)

. . . were the owners of the offending dog and were thus strictly liable for her damages pursuant to section 767.01 . . . See generally §§ 767.01 and 767.04, Fla.Stat. (1989) and the plethora of cases whelped by these statutes . . .

HULLUM, WATSON, v. SULLIVAN,, 762 F. Supp. 1324 (N.D. Ill. 1991)

. . . 767” by definition involves all of the relevant trappings of chapter 767, one of those being section 767.01 . . . Dewan contends otherwise, pointing to Section 767.01(3) (emphasis added): An action under s. 767.45 may . . . But that is not really what Sections 767.01 and 767.45 speak to. . . . Wis.1987), gave those two statutory provisions a far more limited and quite literal reading: Section 767.01 . . . Having done so, N.L.B. went on to hold that Section 895.01 of the Wisconsin Statutes (and not Sections 767.01 . . .

B. COHEN v. WALL, 576 So. 2d 945 (Fla. Dist. Ct. App. 1991)

. . . The complaint alleged that the Cohens were liable pursuant to section 767.01, Florida Statutes (1987) . . . stumbled backwards falling over unattended bicycles and that the Cohens were liable pursuant to section 767.01 . . . Wall in order to establish liability under section 767.01. Jones v. Utica Mut. Ins. . . .

BENNEMON, WILLIAMS, v. W. SULLIVAN,, 914 F.2d 987 (7th Cir. 1990)

. . . . §§ 767.01(3), 767.45; Schaefer v. Heckler, supra, 792 F.2d at 83. . . .

KILPATRICK, v. SKLAR,, 548 So. 2d 215 (Fla. 1989)

. . . of the Fireman’s Rule both as a defense for a dog owner regarding a claim for injuries under section 767.01 . . . Ferrer on two counts: first, under section 767.01, asserting the statute renders dog owners strictly . . . The district court, in considering the claim under section 767.01, held the defenses available in section . . . 767.04 are also applicable to causes of action accruing under 767.01. . . . We also agree that those defenses apply to a claim under section 767.01. See Rattet v. . . . majority that the Fireman’s Rule, however defined, is not a defense to actions brought under sections 767.01 . . .

S. STANISZESKI v. WALKER, 550 So. 2d 19 (Fla. Dist. Ct. App. 1989)

. . . Appellants filed a complaint against ap-pellees pursuant to sections 767.01 and 767.04, Florida Statutes . . . The pertinent parts of these statutes are as follows: 767.01 Dog owner's liability for damages to persons . . . person shall mischievously or carelessly provoke or aggravate the dog inflicting such damage.... §§ 767.01 . . . This defense, found in section 767.04, is applicable to an action filed pursuant to section 767.01. . . .

KILPATRICK, v. SKLAR, a k a Dr., 497 So. 2d 1289 (Fla. Dist. Ct. App. 1986)

. . . He sued appellees for damages, predicating their liability on section 767.01, Florida Statutes (1981) . . . that the trial court erred as a matter of law in entering an adverse summary judgment because section 767.01 . . . 767 renders dog owners strictly liable for damages or injuries to persons caused by their dogs. §§ 767.01 . . . defenses available in section 767.04 are also applicable to causes of action accruing under section 767.01 . . . Section 767.01, Florida Statutes (1981), provides: Owners responsible. — Owners of dogs shall be liable . . .

A. SCHAEFER, M. SCHAEFER, v. HECKLER,, 792 F.2d 81 (7th Cir. 1986)

. . . . §§ 767.01(3), 767.45 (West 1981 and 1985 Supp.). . . .

ASSOCIATED HOME HEALTH AGENCY, INC. v. LORE, 484 So. 2d 1389 (Fla. Dist. Ct. App. 1986)

. . . Appellants first contend that under section 767.01, Florida Statutes (1983), the owner of a dog is strictly . . . statutory defenses of section 767.04, Florida Statutes (1983), which apply to an action under section 767.01 . . .

A. WALLACE, v. STRASSEL, A., 479 So. 2d 231 (Fla. Dist. Ct. App. 1985)

. . . summary judgment, alleging that appellant was strictly liable for the actions of his dog under section 767.01 . . . The court found that the owner of the dog was strictly liable under section 767.01, stating: Section . . . 767.01 is a strict liability statute which has consistently been construed to virtually make an owner . . . As to the quote in Jones that section 767.01 “virtually make[s] an owner the insurer of a dog’s conduct . . . Section 767.01, Florida Statutes (1983), states: 767.01 Owners responsible Owners of dogs shall be liable . . .

JONES, v. UTICA MUTUAL INSURANCE COMPANY,, 463 So. 2d 1153 (Fla. 1985)

. . . The issue concerns the applicability of section 767.01, Florida Statutes (1979), which provides that . . . The suit filed by petitioner was predicated on section 767.01, which provides: “Owners of dogs shall . . . In reversing and holding that section 767.01 did not apply under the facts of this case, the district . . . The court expressly held that “[statutory liability pursuant to section 767.01 should be imposed upon . . . The Mapoles court noted that section 767.01 “virtually makes an owner the insurer of the dog’s conduct . . . district court that it was the intent of the legislature that “[statutory liability pursuant to section 767.01 . . .

J. STICKNEY, Jr. v. BELCHER YACHT, INC., 424 So. 2d 962 (Fla. Dist. Ct. App. 1983)

. . . mere obiter dictum, the Romfh court held that section 767.04 (dog bite statute) superseded section 767.01 . . . The Vandercar court held, without addressing the question whether section 767.04 supersedes sectiop 767.01 . . . and expressly receded from the Romfh obiter dictum; it held that section 767.04 supersedes section 767.01 . . . issues as to assumption of risk and contributory negligence in an action brought pursuant to section 767.01 . . .

UTICA MUTUAL INSURANCE COMPANY, v. JONES, a G. d b a, 408 So. 2d 769 (Fla. Dist. Ct. App. 1982)

. . . The complaint was predicated on Section 767.01, Florida Statutes (1979), which provides: “Owners of dogs . . . So.2d 368 (Fla. 4th DCA 1978), cert. denied, 378 So.2d 342 (Fla.1979), traced the history of section 767.01 . . . Although the validity of Section 767.01, Florida Statutes (1975), cannot now be questioned because of . . . Consequently, appellant argues, section 767.01 should be construed to render dog owners liable only for . . . We believe the Mapoles decision extends the liability under section 767.01 far beyond that contemplated . . .

BOZARTH v. BARRETO,, 399 So. 2d 370 (Fla. Dist. Ct. App. 1981)

. . . Insurance Company [upon a jury verdict rendered in their favor below in an action brought under Section 767.01 . . .

ROSENFELT, s v. S. HALL,, 387 So. 2d 544 (Fla. Dist. Ct. App. 1980)

. . . a jury verdict finding no liability on the plaintiff’s claim of injury by a dog pursuant to section 767.01 . . . for any damage done by their dogs to sheep or other domestic animals or livestock, or to persons. § 767.01 . . . 767.04, which concerns dog bites, are also applicable to other damages caused by a dog under section 767.01 . . .

E. RATTET, v. DUAL SECURITY SYSTEMS, INC., 373 So. 2d 948 (Fla. Dist. Ct. App. 1979)

. . . present lawsuit for damages against Dual Security Systems and alleged liability pursuant to Section 767.01 . . . consider the propriety of the entry of the summary judgment for Dual Security Systems under Section 767.01 . . . Under the statutory liability created by Section 767.01 and 767.04, the owner of a dog is cast in the . . . Sections 767.01 and 767.04 having made an owner the insurer against damage done by his dog, we conclude . . . , and (2) permitting a plaintiff to recover damages under Section 767.01 despite the fact that he or . . .

DONNER, v. ARKWRIGHT- BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, a B. R. F., 358 So. 2d 21 (Fla. 1978)

. . . Pursuant to Sections 767.01 and 767.04, Florida Statutes (1975), petitioner sought damages from respondents . . . The court then went on to distinguish Section 767.01 from Section 767.04, noting that the latter by its . . . Berman, 56 So.2d 127 (Fla.1951), it did so only as to dog bite damage leaving Section 767.01 in effect . . . J., dissents. . § 767.01, Fla.Stat. (1975), reads as follows: “Owners responsible. — Owners of dogs shall . . . 2341 (1892) was included as Sec. 7044 of Compiled General Laws, 1927, and was reenacted in 1941 as § 767.01 . . .

Dr. WENDLAND v. AKERS N. D., 356 So. 2d 368 (Fla. Dist. Ct. App. 1978)

. . . Berman, 56 So.2d 127 (Fla.1952) it was said to impliedly repeal Section 767.01, Florida Statutes. . . . In that case the Court said; “In sum, the first statute [Section 767.01] fixes liability on the owner . . . Hence, it is unnecessary to discuss Section 767.01, supra, and the numerous cases involving damages occasioned . . . from depredations of dogs on live stock and crops, as was the purpose of the then existing statute, 767.01 . . . Although the validity of Section 767.01, Florida Statutes (1975), cannot now be questioned because of . . .

MAPOLES v. MAPOLES, III, Jr., 350 So. 2d 1137 (Fla. Dist. Ct. App. 1977)

. . . to liability on the part of Cam Mapoles was entered by the trial court upon the theory that Section 767.01 . . . Section 767.01, Florida Statutes, provides, inter alia: “ . . . . . . for the purpose of considering any motions which might be made to raise the applicability of Section 767.01 . . .

MAPOLES v. MAPOLES, III, Jr., 332 So. 2d 373 (Fla. Dist. Ct. App. 1976)

. . . only, both parties to this appeal urge us to determine whether, under the facts of this case, Section 767.01 . . . for the purpose of considering any motions which might be made to raise the applicability of Section 767.01 . . .

K. SMITH v. J. ALLISON,, 332 So. 2d 631 (Fla. Dist. Ct. App. 1976)

. . . . § 767.01, the “Damage [Done] by Dogs” statute, which hold that a dogowner has an absolute liability . . . Stat. § 767.01 to impose an absolute liability in every case where the actions of the dog are a factor . . . of liability in favor of the plaintiff, held: “Appellant next contends, and we so hold, that F.S. § 767.01 . . . In view of F.S. §§ 767.01 and 767.04, F.S.A. making an owner of a dog virtually an in-insurer of the . . . [Emphasis added] Accordingly, we hold that the absolute liability imposed by Fla.Stat. § 767.01 is inapplicable . . . . § 767.01) has been held to make dog owners virtually insurers with regard to injuries caused by a dog . . .

L. SCOTT v. L. GORDON J., 321 So. 2d 619 (Fla. Dist. Ct. App. 1975)

. . . . § 767.01. . . .

ALLSTATE INSURANCE COMPANY v. GREENSTEIN,, 308 So. 2d 561 (Fla. Dist. Ct. App. 1975)

. . . . § 767.01, F.S.A. and cases interpreting the statute, the Tomasettis, as owners of “Pandora”, were strictly . . . We see little difficulty in upholding the trial court’s conclusion that Section 767.01 applies to this . . . In that decision, the Second District Court of Appeal held that 767.01 is inapplicable where the dog . . . Under the statutory liability created by Section 767.01, the owner of a dog is cast virtually in the . . .

HALL v. RICARDO, a By, 297 So. 2d 849 (Fla. Dist. Ct. App. 1974)

. . . For example, though contributory- negligence may not be raised as a defense under the statutes (§ 767.01 . . .

B. CHRISTIE, v. ANCHORAGE YACHT HAVEN, INC., 287 So. 2d 359 (Fla. Dist. Ct. App. 1973)

. . . Section 767.01, F.S.A., whereby the owner of a dog is liable for any damage done to persons, “owner” . . . Section 767.01, F.S.A., and the court did not err in directing a verdict in favor of appellees on this . . . WALDEN and DOWNEY, JJ., concur. . “767.01 Owners responsible. — Owners of dogs shall be liable for any . . .

SELBY M. v. BULLOCK, Jr., 287 So. 2d 18 (Fla. 1973)

. . . Florida Statute 767.01 provides as follows: “ . . . .

R. E. RUTLAND, Jr. v. E. BIEL,, 277 So. 2d 807 (Fla. Dist. Ct. App. 1973)

. . . Section 767.01 F.S.A. provides: “Owners of dogs shall be liable for any damage done by their dogs to . . . While liability of the dog owner imposed by F.S. § 767.01 F.S.A. has been held to be an absolute liability . . . Appellant next contends, and we so hold, that F.S. § 767.01 F.S.A. is not applicable to a situation where . . .

STOUT A. v. J. KEHLENBACK, 265 So. 2d 514 (Fla. Dist. Ct. App. 1972)

. . . Sections 767.01-767.04, F.S.A.; Reid v. Nelson (Sth Cir. 1946) 154 F.2d 724. RAWLS, Acting C. . . .

SEACHORD, v. R. ENGLISH,, 259 So. 2d 136 (Fla. 1972)

. . . Section 767.01, F.S.A. to recover damages for his injury from the defendant. . . . Section 767.01, F.S.A. Knapp v. Ball, Fla.App.1965, 175 So.2d 808. In Vandercar v. . . . Section 767.01, F.S.A. It did not purport to construe F.S. . . . Section 767.01, F.S.A. or rule out the defense of contributory negligence thereunder. . . . Section 767.01, F.S.A. . . .

R. ENGLISH, v. SEACHORD,, 243 So. 2d 193 (Fla. Dist. Ct. App. 1971)

. . . Liability for non-bite damages suffered in an attack by a dog is within the contemplation of Section 767.01 . . . In view of F.S. §§ 767.01 and 767.04, F.S.A. making an owner of a dog virtually an insurer of the dog . . . F.S. § 767.01, F.S.A. . . .

BRANDEIS v. FELCHER, 211 So. 2d 606 (Fla. Dist. Ct. App. 1968)

. . . . § 767.01, F.S.A., liability might be imposed upon the owners of the dogs for the boy’s death. . . . Fla.Stat. § 767.01, F.S.A. provides as follows: “Owners responsible. — Owners of dogs shall be liable . . . to the end result was sufficient for a jury to consider the question of liability under Fla.Stat. § 767.01 . . . , that non-bite damages suffered in an attack by a dog were within the contemplation of Fla.Stat. § 767.01 . . . plaintiffs proceed in the instant case upon the theory of absolute liability enunciated in Fla.Stat. § 767.01 . . .

COMBS v. ROSENDAHL, 29 Fla. Supp. 131 (St. Lucie Cty. Small Cl. Ct. 1966)

. . . Florida Statute 767.01 states that owners' of dogs shall be liable for any damage done by their dogs . . . Court of Appeal, 175 So.2d 808, the circuit court of Dade County decided that under Florida Statute 767.01 . . .

KNAPP, v. L. BALL, a, 175 So. 2d 808 (Fla. Dist. Ct. App. 1965)

. . . Section 767.01, Fla.Stat., F.S.A. provides: “Owners of dogs shall be liable for any damage done by their . . . Liability of the owner of a dog for such injuries under § 767.01 is based on an obligation as an insurer . . . David, supra, wherein this court said: “ * * * But-the fact that liability is imposed by statute [767.01 . . .

SWEET, v. JOSEPHSON,, 173 So. 2d 444 (Fla. 1965)

. . . summary judgment in favor of the defendant, petitioner, as he entertained the view that since Sec. 767.01 . . . The earlier one, Sec. 767.01, enacted in 1901, simply provided that “owners of dogs shall be liable for . . . escaped that as to injury to persons by dogs Chapter 25109 [Sec. 767.04] repealed and superseded Section 767.01 . . . ” We do not discover any of these features in Sec. 767.04 which would justify our holding that Sec. 767.01 . . .

JOSEPHSON, v. SWEET,, 173 So. 2d 463 (Fla. Dist. Ct. App. 1964)

. . . In 1881 the legislature adopted § 767.01 Fla.Stat, F.S.A. which provided: “Owners of dogs shall be liable . . . appeal, is what effect, if any, did the subsequent legislation (§ 767.04) have on the prior statute (§ 767.01 . . . It is obvious from the careful reading of the two sections that § 767.01 was superseded by § 767.04 only . . . This section is to be read in connection with 767.01 as both of these Statutes are in effect.” 102 So . . . This result obtains because this case is controlled by § 767.01 in that it is a dog injury case not a . . .

BALL v. KNAPP, 22 Fla. Supp. 194 (Dade Cty. Cir. Ct. 1964)

. . . severe and serious injuries and damages” and expressly alleging that the action is brought under section 767.01 . . . This section 767.01 was expressly held in Romfh v. Berman (Fla. S. . . . Berman, supra, because there we said that 767.04 superseded and repealed 767.01 and that said 767.04 . . . Because the Romfh holding that section 767.01 was superseded by 767.04 dealt exclusively with the dog . . . this may still be recognized as the governing law so far as dog bite cases are concerned, and section 767.01 . . .

L. KNIGHT, H. E. E. v. BURGHDUFF, 102 So. 2d 617 (Fla. 1958)

. . . This section is to be read in connection with 767.01 as both of these Statutes are in effect.” . . . Berman, supra, because there we said that 767.04 superseded and repealed 767.01 and that said 767.04 . . .

A. VANDERCAR, v. DAVID,, 96 So. 2d 227 (Fla. Dist. Ct. App. 1957)

. . . The language was changed, as shown by Section 3142, Gen.St.1906, and still appears, as Section 767.01 . . . that the Supreme Court’s ruling above quoted should be considered as holding that it repeals Section 767.01 . . . only as to dog bite damage, leaving Section 767.01 in effect for other injury by dogs; and that under . . . Section 767.01 the liability imposed is absolute and precludes the use of the defenses of contributory . . . Section 767.01 eliminated scienter as a necessary element for liability. Ferguson v. . . .

REID v. NELSON, 154 F.2d 724 (5th Cir. 1946)

. . . Section 767.01 of Florida Statutes 1941, F.S.A., malees the owner of a dog liable for any damage which . . . for any damage done by their dogs to sheep or other domestic animals or livestock, or to persons.” § 767.01 . . .

SPRING VALLEY WATER CO. v. CITY AND COUNTY OF SAN FRANCISCO, 165 F. 657 (C.C.N.D. Cal. 1904)

. . . invested in the water system exceeds that which was shown to be invested in the former case by $680,-767.01 . . .