Two recent dog attack cases in Jacksonville have put a spotlight on a question many Floridians may not know the answer to: Can a dog owner — or even someone simply watching a dog — face criminal charges when an animal seriously injures or kills someone?
The short answer, according to local attorney Millicent Daniels, is yes.
Daniels joined us for Tuesday’s “Justice 4 All” segment on The Morning Show to break down Florida’s dog bite laws and explain the dual criminal and civil exposure dog owners and caretakers face when an attack occurs.
The conversation was sparked by two high-profile local incidents.
On Jacksonville’s Westside, Melvin Suffrant was arrested in connection with a deadly dog attack that killed a 59-year-old man two years ago. Suffrant now faces manslaughter charges.
Separately, 80-year-old Carl Graham is recovering and learning how to walk again after being mauled by two pit bulls at his daughter’s Westside home while picking up his grandson.
Animal care officials deemed the dogs dangerous and called for their removal, but a judge allowed the family to keep them — citing that Graham had entered the property without first calling the owner, as he had been advised to do.
Criminal vs. civil liability
Daniels explained that dog bite cases like these fall into two distinct tracks: criminal and civil.
“If a dog owner understands and knows that their dog is dangerous — in that situation, the owner has now been criminally charged with manslaughter because the owner knew or should have known that the dog was very, very dangerous and that this was bound to happen,” she said.
On the civil side, Florida law imposes strict liability on dog owners when their animal bites someone in a public place or while the victim is lawfully on private property.
“If your dog bit someone, and it causes injury, and they’re either in a public place or lawfully on private property, you are strictly liable for damages,” Daniels said.
Daniels acknowledged that the Graham case may leave some feeling the system fell short, but she explained the judge’s reasoning.
“The owner of the dogs told the judge that she had instructed her dad or her uncle to go ahead and call prior to actually entering the property,” she said. “I believe that those are the items that influenced the judge not to temporarily remove the animals from the property.”
Still, Daniels said Graham has a viable path to civil recovery under Florida’s strict liability statute.
“He was injured, he has a significant injury, and it’s very clear that he was lawfully on private property,” she said. “He can pursue a claim for damages under Florida strict liability statute that would take care of his medical expenses, pain and suffering, loss of income, and any other items that he wishes to compile in that claim.”
You don’t have to own the dog to be liable
Another case out of Brevard County raised different questions when a woman was killed in May, and someone other than the dog’s owner is now facing manslaughter charges.
Daniels said that the scenario is more common than people may realize.
Florida law looks at two things when assigning liability: control and custody of the animal.
“Even if you are not the owner — let’s say you’re the dog sitter, a caretaker or a dog walker — if that dog actually injures someone and your carelessness or negligent actions contributed to that injury, you still may be on the hook, either criminally or civilly, for the actions of the dog,” Daniels said.
Her bottom line: “Control can equal responsibility for a dog’s actions and behavior.”
One more thing: Your insurance
Daniels also noted that the type of dog an owner keeps can affect their homeowners’ insurance policy — something many people may not consider until it’s too late.
“Whenever I’m kind of re-upping my homeowners’ insurance, I always get this question about what pets and animals are in the home,” she said, underscoring that the financial exposure for dog owners extends well beyond the courtroom.