Florida Statute 767.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 767
DAMAGE BY DOGS; DANGEROUS DOGS

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767.05 Owner’s liability for damages by dog to dairy cattle.—An owner or keeper of any dog that kills, wounds, or harasses any dairy cattle shall be jointly and severally liable to the owner of such dairy cattle for all damages done by such dog; and it is not necessary to prove notice to or knowledge by any such owner or keeper of such dog that the dog was mischievous or disposed to kill or worry any dairy cattle.

History.—s. 2, ch. 79-315; s. 482, ch. 81-259.

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Amendments to 767.05

Annotations, Discussions, Cases:

Cases Citing Statute 767.05

Total Results: 4 | Sort by: Relevance | Newest First

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Belcher Yacht, Inc. v. Stickney, 450 So. 2d 1111 (Fla. 1984).

Cited 11 times | Published | Supreme Court of Florida

...nflicting such damage; nor shall any such owner be so liable if at the time of any such injury he had displayed in a prominent place on his premises a sign easily readable including the words "Bad Dog." § 767.04, Fla. Stat. (1979). [2] Compare with section 767.05, Florida Statutes (1979), which specifically refers to "an owner or keeper of any dog......

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Stand. Jury Instructions-Civil Cases, 778 So. 2d 264 (Fla. 2000).

Cited 7 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 518, 2000 Fla. LEXIS 1371, 2000 WL 889771

"improper." See, e.g., Restatement (Second) of Torts § 767. 5. In cases where a claimant alternatively asserts

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Wipperfurth v. Huie, 654 So. 2d 116 (Fla. 1995).

Cited 6 times | Published | Supreme Court of Florida | 1995 WL 94414

...In Belcher, this Court found that "section 767.04 pertains only to the owner. It is silent as to the custodian or keeper of a dog who is not the owner." [3] Id. at 1112. In so finding, we compared the wording of section 767.04, "the owners of any dog," with the wording of section 767.05, "an owner or keeper of any dog." [4] In line with Belcher, we accord the term "owner" its common meaning and find that owner, as used in section 767.04, does not include a kennel owner or veterinarian who undertakes the care, custody, and control of a dog pursuant to an agreement with the dog's actual owner....

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Huie v. Wipperfurth, 632 So. 2d 1109 (Fla. 2d DCA 1994).

Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 1682, 1994 WL 63320

rehearing on April 7, 1978. Compare with section 767.05, Florida Statutes (1979), which specifically

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.