Breed-specific legislation (BSL) refers to laws that prohibit or restrict certain dog breeds in an effort to reduce dog attacks. In Florida, some cities and counties have enacted BSL targeting pit bull-type dogs and other breeds perceived as aggressive. However, breed bans remain controversial, with critics arguing they are ineffective and unfairly target responsible owners. For victims seeking compensation after a dog bite, understanding breed laws can help strengthen their case.
Breed-Specific Laws in Florida
While no statewide breed ban exists in Florida, some local jurisdictions have enacted restrictions targeting certain breeds:
- Miami-Dade County: Ban on pit bull-type dogs enacted in 1989 after several attacks. The law defines “pit bull” as American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog that matches most of these breeds’ characteristics.
- Sunrise: Ban on pit bulls, American bulldogs, Presa Canarios, Chows, Doberman Pinschers, Rottweilers, mastiffs, wolf hybrids, and any mix with these breeds.
- Lynn Haven: Requires pit bull owners to register their dogs, post “vicious dog” signs, and muzzle dogs when off property.
Other cities and towns have considered BSL but faced opposition from groups like the ASPCA. Overall, breed-specific laws in Florida remain localized.
Criticisms of Breed-Specific Legislation
While BSL aims to improve public safety, critics argue it fails to reduce serious bites for several reasons:
- Inaccurate breed identification: Visual identification, even by professionals, is unreliable in determining pit bull-type dogs. DNA tests show most dogs in shelters identified as “pit bulls” are genetically diverse mixes.
- Punishing good owners: Responsible pit bull owners who properly train and socialize their dogs are still forced to comply with restrictions or give up their family pet.
- Doesn’t address underlying factors: Breed is just one factor in bites; inadequate training, supervision, abuse, or irresponsible ownership often play a bigger role. BSL doesn’t address these root causes.
- Difficult enforcement: Regulations like muzzles or sterilization are challenging for agencies to monitor and gain owner compliance.
With widespread opposition, some jurisdictions like Broward County have repealed existing BSL. Critics urge these laws be replaced with “breed-neutral” dangerous dog regulations that focus on a dog’s actions, not its breed.
Breed Identification in Dog Bite Cases
In a dog bite lawsuit, the plaintiff must prove which dog caused the injury. Pinpointing the breed provides evidence toward liability, especially if the breed is prohibited locally. However, visual identification can be misleading.
In Miami-Dade, for example, the ordinance’s detailed definition of “pit bull” includes measurements like chest size. Plaintiffs may work with veterinarians to show a dog matches the county’s specifications. DNA tests can also verify ancestry, but this may be costly.
Photographs or videos clearly depicting the attacking dog help corroborate breed. Plaintiffs should gather as much visual evidence as possible. Testimony from animal professionals or breeders may also support assertions around breed.
Ultimately, emphasizing behavioral history rather than just breed provides critical evidence on a dog’s dangerous propensities. Even with an identified breed, documenting prior aggression, lack of training, abuse, or other factors leading to the attack remains key.
Use of Breed Laws in Liability Claims
Inbreed ban areas, proving the dog fits the prohibited breed or breed mix strengthens liability claims. However, breed alone does not guarantee victory.
Defense attorneys may refute breed identification or argue the incident resulted from victim provocation, not innate dog aggression. Breed restrictions also frequently exempt existing pets registered before the law; defendants may claim their dog falls under “grandfathering” protections.
Outside of breed ban jurisdictions, breed identification still provides useful context, but other factors become more central in proving liability. Documentation of the dog’s history, owner negligence, lack of socialization, or other misconduct leading to the bite helps build a case when breed itself is not prohibited.
Consult a Dog Bite Lawyer
Suffering a dog attack can lead to serious injury, trauma, costly medical bills, lost income, and more. Florida’s complex breed-specific laws further complicate victims’ ability to receive just compensation. An experienced dog bite attorney understands key strategies for holding owners accountable and helping clients obtain damages, even with breed ban exemptions. To better understand your legal options after a dog bite, contact Glober + Glober today for a free consultation. Our aggressive trial lawyers have a proven record of success in dog mauling cases. Let us review your situation and help you pursue maximum recovery.
You can visit our office at 422 Jacksonville Dr. Suite B, Jacksonville Beach, FL 32250.
Or alternatively, call us today for a free consultation at (904) 587-4446.
