1515 N Marion St
Tampa, Fl 33602
Every dog owner is responsible for the actions and behaviors of his or her dog. Pet owners that know, or reasonably should know, of their dogs' violent tendencies must take steps to prevent dog bite incidents, such as keeping pets on leashes and never letting them run at large. Even dogs without prior histories must be in the control of owners at all times. Failure to do so, resulting in a dog bite incident, may be grounds for a civil lawsuit. If you suffered great physical or emotional damage from a dog bite, it may be worthwhile to hire a dog bite attorney to file a claim against the dog's owner.
Dog Bite Law in Florida
After a dog bite incident, the injured party may have the right to take the offending dog's owner to court. Every state has its own dog bite statutes. Florida is a strict liability state, meaning that a dog bite victim may sue a dog's owner regardless of whether the owner knew about a dog's prior history of violence. Florida Statutes Chapter 767 states that the owner of any dog that bites any person is liable for damages the person bitten suffers, regardless of the dog's former viciousness or the owner's knowledge of viciousness.
The statute applies when the victim was in a public place or lawfully in a private place. A trespasser on private property who gets bitten by a dog most likely cannot sue the owner. A victim is a "trespasser" if he or she did not have the property owner's implied or expressed permission to be on a property. An owner will only be liable for damages to a trespasser if the person is under the age of six or if a negligent act on the owner's part caused the injury. A dog owner will also not be liable for a dog bite injury if he or she prominently displayed a sign with the words "Bad Dog" on the property.
In cases where the victim contributed to the dog bite incident by provoking the dog or otherwise causing the bite to occur, the courts will reduce the liability of the dog owner by the victim's contributory percentage. Many dog bite cases come down to the question of negligence, instead of matters within the dog bite statute. If the courts find a dog owner guilty of negligence, such as letting a dog stray onto a neighbor's property, and determine that this negligence was the proximate cause of the dog bite injury, the owner will be liable for damages.
Florida's Strict Liability Dog Bite Statute: F.S. §767.04 Explained
Florida Statute §767.04 is the cornerstone of dog bite liability in Tampa. It provides that the owner of any dog that bites any person while that person is in a public place, or lawfully in a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. This is true strict liability. The victim does not need to prove the dog had a history of biting or that the owner was negligent.
| F.S. §767.04 Element | What It Means for Your Tampa Dog Bite Case |
|---|---|
| "Owner of any dog" | The registered owner is strictly liable. If a dog is jointly owned, all owners may share liability. A landlord who allowed a tenant to keep a known dangerous dog on the property may also be exposed. |
| "Bites any person" | Covers any dog bite that breaks the skin, regardless of severity. Near-misses, scratches, and knockdowns do not fall under §767.04; those require negligence theory. |
| "Public place or lawfully in a private place" | Postal workers, delivery drivers, guests, utility workers, and neighbors are all "lawfully" on property. A trespasser is not covered except if under age 6 or if the owner was separately negligent. |
| "Regardless of former viciousness" | The "one bite rule" does not apply in Florida. The dog's owner cannot escape liability by arguing the dog never bit before. This is Florida's most victim-favorable element. |
| "Bad Dog" sign defense (§767.04 proviso) | A prominently displayed sign reading "Bad Dog" eliminates owner liability, unless the victim is under age 6, or the owner was negligent in some other way. |
| Comparative fault / provocation | If the victim provoked the dog, the owner's liability is reduced proportionally. Under HB 837 (2023), if the victim is found more than 50% at fault, recovery is barred entirely under F.S. §768.81. |
Florida's Dangerous Dog Classification System: F.S. §767.11 through §767.14
Beyond strict liability for individual bites, Florida maintains a statutory framework for classifying dogs as "dangerous" after specific incidents. A dangerous dog designation affects both the owner's ongoing legal obligations and the damages available to future victims. Our attorneys pursue dangerous dog designations through Hillsborough County Animal Services as part of post-bite legal strategy.
| Florida Statute | Classification Trigger | Legal Consequence |
|---|---|---|
| F.S. §767.11 | Dog aggressively bites, attacks, or endangers a person or animal in an unprovoked incident | Dog is officially classified as "dangerous" by animal control; owner must register, confine, and muzzle the dog |
| F.S. §767.12 | Dangerous dog attacks or bites a person for the second time, or first bites in a severe manner | County may order the dog euthanized; criminal penalties for owner may apply |
| F.S. §767.13 | Owner fails to comply with dangerous dog requirements (registration, confinement, muzzling, signage) | First-degree misdemeanor; if a non-compliant dog injures someone, the owner faces a second-degree misdemeanor |
| F.S. §767.14 | Local governments may adopt stricter regulations than state law; Hillsborough County has its own animal ordinances | Tampa and Hillsborough County ordinances add leash requirements and bite reporting duties |
LITIGATION STRATEGY: Prior dangerous dog classification records from Hillsborough County Animal Services are admissible evidence of the owner's knowledge of the dog's dangerous propensity. Even in a strict liability case, evidence of prior classification strengthens damages claims and may support punitive damages under F.S. §768.72.
"Bad Dog" Sign Defense: When It Works and When It Does Not
Florida's "Bad Dog" sign exception is one of the few defenses dog owners can raise against strict liability under F.S. §767.04. However, its scope is significantly limited and is frequently misapplied by insurance adjusters as a reason to deny claims.
When the "Bad Dog" Sign Defense Eliminates Owner Liability
The owner must have a sign conspicuously posted that reads "Bad Dog" in a location where the victim would reasonably see it before entering the property. The victim must be over age 6. The owner must not have been separately negligent (for example, the gate was unlocked, or the dog was off-leash in a public area).
When the "Bad Dog" Sign Defense Fails
(1) The victim is under age 6, since children cannot legally be bound by a warning sign. (2) The sign was not prominently displayed; small, obscured, or interior-only signs do not satisfy the statute. (3) The bite occurred in a public place or off the owner's property, where the sign has no effect. (4) The owner was independently negligent, such as a leash violation, a loose gate, or inviting the victim to enter the property.
Provocation defense: Under F.S. §767.04, if the victim provoked the dog, the dog owner's liability is reduced proportionally. Provocation means intentional acts such as teasing, hitting, or threatening the dog. Accidentally stepping on a dog is generally not considered provocation. Under the 2023 HB 837 modified comparative fault standard, a victim found more than 50% at fault is completely barred from recovery.
Strict Liability vs. Negligence Theory: Two Ways to Win a Dog Bite Case
Many Tampa dog bite cases can be pursued under both strict liability (F.S. §767.04) and negligence theories simultaneously. Understanding the difference matters because negligence allows recovery from parties who did not own the dog, including landlords, property managers, and businesses.
| Theory | When It Applies in a Tampa Dog Bite Case |
|---|---|
| Strict Liability (F.S. §767.04) | Against the dog's owner only. No proof of negligence or prior viciousness required. The victim must be lawfully on the property. The "Bad Dog" sign and provocation are the only defenses. |
| Negligence / Negligence Per Se | Against anyone whose unreasonable conduct contributed to the bite: the owner, a dog walker, a boarding facility, or a landlord who permitted a known dangerous dog. Requires proof of duty, breach, causation, and damages. |
| Negligence Per Se (Leash Law Violation) | Hillsborough County Code §14-7 requires dogs to be on a leash in public. Violating this ordinance establishes negligence per se; the breach of duty is presumed by the violation alone. |
| Premises Liability (Landlord/Property Manager) | If the landlord knew a tenant's dog was dangerous and failed to require removal or take other protective steps, the landlord may be liable under Paterson v. Deeb (Fla. 1st DCA 1985). |
| Negligent Entrustment (Dog Walker / Sitter) | A professional dog walker or boarding facility that loses control of a dog they know is dangerous, or that fails to use proper restraints, is liable under general negligence principles. |
| Vicarious Liability (Employer) | If the dog owner was performing work duties at the time of the bite (for example, a security guard using a dog), the employer may be vicariously liable under respondeat superior. |
Do Not Wait: Get Help After a Dog Bite
Every day, around 1,000 citizens visit emergency care facilities for dog bite injury treatment. On top of the high expense for treatment, dog bites can be extremely painful, tearing through the skin, ligaments, muscles, and tendons. Dog bites can leave significant scarring and permanent disfigurement. There is also a high chance of emotional damage after a dog attack and bite injury. Children and the elderly are most at risk of dog bite injuries.
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Tampa and Florida Dog Bite Statistics
Statistical context supports damages arguments and demonstrates the public safety dimension of dog bite litigation in Hillsborough County and throughout Florida:
~4.5 million/yr
Dog bite ER visits in the US annually (CDC)
~800,000+/yr
Dog bite victims requiring medical attention (CDC)
~$58,000
Average cost of a dog-bite-related hospital stay (Insurance Information Institute, 2023)
Top 5 states
Florida dog bite insurance claims paid annually (FLOIR/III estimate)
$64,555
Average dog bite insurance payout in Florida (III 2023)
Ages 5-9 & 65+
Most common victim demographics (AVMA)
~500-700/yr
Hillsborough County Animal Services bite reports filed annually
~77%
Percentage of bites by family or familiar dogs (AVMA)
Dog Bite Injuries and Medical Complications
Dog bite injuries range from minor puncture wounds to catastrophic injuries requiring reconstructive surgery, long-term rehabilitation, and psychological treatment. Florida law compensates victims for all of these consequences, including future medical needs. Proper documentation at every stage of treatment is essential to full recovery.
| Injury Type | Common Medical Consequences | Documentation Required |
|---|---|---|
| Puncture Wounds and Lacerations | Deep tissue damage, torn tendons, nerve damage, permanent scarring and disfigurement | ER records, surgical reports, wound photography series, plastic surgery consultations |
| Bacterial Infections | Pasteurella multocida, Staphylococcus, Streptococcus, Capnocytophaga canimorsus (life-threatening in immunocompromised patients) | Culture and sensitivity reports, antibiotic treatment records, hospitalization records |
| Rabies Exposure | Florida averages 3 to 5 rabid dog cases per year; post-exposure prophylaxis (PEP) requires 4 vaccine doses over 14 days if rabies status is unknown | Animal control rabies status report, PEP administration records, vaccination cost documentation |
| Crush Injuries | Bone fractures (especially hand, wrist, forearm), joint damage, compartment syndrome requiring emergency fasciotomy | X-ray and MRI imaging, surgical reports, orthopedic consultation notes |
| Facial and Cosmetic Injuries | Facial lacerations requiring reconstructive surgery, permanent scarring affecting appearance and employment, eye injuries | Maxillofacial surgical notes, before/after photography, cosmetic surgery consultation records |
| Psychological Trauma (PTSD) | Post-Traumatic Stress Disorder, cynophobia (fear of dogs), anxiety disorders, depression, sleep disturbances, especially in child victims | Psychiatric evaluation, DSM-5 PTSD diagnosis, therapy records, school/work impact documentation |
| Nerve Damage | Permanent loss of sensation or motor function in the affected extremity, especially hand and forearm | Neurological evaluation, EMG/nerve conduction study, functional capacity evaluation |
Florida Dog Bite Statute of Limitations: The Correct Current Rule
Florida's HB 837 (signed March 24, 2023) reduced the personal injury statute of limitations under F.S. §95.11(3)(a) from 4 years to 2 years. For dog bites occurring on or after March 24, 2023, victims have only 2 years from the date of the bite to file a lawsuit. For bites occurring before that date, the prior 4-year statute of limitations applies.
| Situation | Applicable Deadline |
|---|---|
| Dog bite on or after March 24, 2023 (general PI claim) | 2 years from date of bite (F.S. §95.11(3)(a), as amended by HB 837) |
| Dog bite before March 24, 2023 (general PI claim) | 4 years from date of bite (prior version of F.S. §95.11(3)(a)) |
| Wrongful death from a fatal dog attack (any date) | 2 years from date of death (F.S. §95.11(4)(d)) |
| Dog bite by a government-owned dog (K-9 unit, animal control) | Written pre-suit notice within 3 years under F.S. §768.28(6)(a) before filing suit |
| Dog bite victim is a minor (under 18) | SOL tolled (paused) until the minor turns 18, but parents may file on behalf of the minor before then |
CRITICAL: Missing the statute of limitations deadline permanently bars recovery regardless of how severe the injuries or how clear the liability. Our attorneys file preservation letters with the dog owner and their insurer immediately, before the claim is even formally filed, to secure all evidence and put the carrier on notice.
Who Can Be Held Liable for a Dog Bite in Tampa?
Identifying all potentially liable parties, not just the dog's owner, is critical to maximizing recovery after a dog bite in Hillsborough County. Multiple defendants can be named simultaneously under both strict liability and negligence theories.
Dog Owner: F.S. §767.04 Strict Liability
The registered dog owner bears strict liability under F.S. §767.04 for any bite in a public place or where the victim was lawfully present. No proof of prior viciousness or negligence is required. The owner's homeowner's insurance or renter's insurance is the primary recovery source.
Landlord or Property Manager: Premises Liability
A residential landlord who knew a tenant's dog had bitten or threatened others and failed to require the dog's removal or take other reasonable steps may be liable under negligence principles established in Paterson v. Deeb (Fla. 1st DCA 1985). Apartment complexes and HOAs with pet policies carry heightened exposure when policy enforcement fails.
Dog Walker, Pet Sitter, or Boarding Facility
Any professional who assumes control and custody of a dog has a duty to properly restrain and manage it. A dog walker who drops the leash, a boarding facility that allows escape, or a pet sitter who fails to disclose the dog's aggression history to others may be liable under negligence theory.
Homeowner Where Dog Was Being Kept (Not Legal Owner)
If a dog is being temporarily kept on someone else's property and that person had knowledge of the dog's dangerous propensities, that person may share liability under negligence even if they are not the registered owner.
Employer: If Dog Was Part of Business Operations
Security companies, delivery businesses, and law enforcement agencies that use dogs in commercial operations may be vicariously liable for bites occurring during the scope of employment. K-9 police bites trigger government tort liability under F.S. §768.28.
Insurance Coverage in Tampa Dog Bite Claims
Most Tampa dog bite settlements are paid through the dog owner's insurance policy rather than directly by the owner. Understanding which policies apply, and which exclusions insurers typically raise, is essential to recovering full compensation.
| Insurance Type | Coverage Details and Common Exclusions |
|---|---|
| Homeowner's Insurance (Most Common) | Standard HO-3 policies typically include personal liability coverage for dog bites occurring on or off the property. Policy limits usually range from $100,000 to $300,000. Many insurers exclude certain breeds (Pit Bulls, Rottweilers, German Shepherds, Dobermans) by policy endorsement or underwriting guidelines. |
| Renter's Insurance | Personal liability coverage under renter's policies applies to dog bites just like homeowner's policies. Limits are typically $100,000. Breed exclusions are common. Many renters are unaware their policy covers dog bites. |
| Umbrella Policy | Provides additional liability coverage above homeowner's or renter's policy limits. A dog owner with a $300,000 homeowner's policy and a $1M umbrella has $1.3M in total available coverage. |
| Dog Bite Endorsement / Rider | Some insurers offer or require a separate dog bite endorsement; check whether the dog owner's policy includes or excludes coverage for the specific breed involved. |
| Business Liability (CGL Policy) | If the bite occurred at a business, the commercial general liability policy covers the incident. Dog-friendly businesses such as pet stores, grooming salons, dog parks, and outdoor restaurants carry CGL policies. |
| No Coverage / Uninsured Dog Owner | If the dog owner has no applicable insurance, recovery comes directly from the owner. Asset investigation, wage garnishment, and liens may be necessary. |
INSURER TACTIC TO WATCH: Dog bite insurers frequently dispute the injury severity, allege provocation, challenge the lawfulness of the victim's presence, or argue the dog has never bitten before (irrelevant under strict liability). Our attorneys counter each defense with medical documentation, witness statements, and animal control records.
Damages Available in a Tampa Dog Bite Case
Florida law allows dog bite victims to recover all damages that flow from the bite, both economic and non-economic. Unlike some states, Florida has no cap on non-economic damages in personal injury cases (the medical malpractice cap was struck down in 2017). Punitive damages are available in cases of intentional or grossly reckless conduct under F.S. §768.72.
| Category of Damages | What Is Recoverable in a Florida Dog Bite Case |
|---|---|
| Emergency Medical Treatment | ER visits, hospitalization, surgery, wound closure, rabies prophylaxis, IV antibiotics, blood transfusions |
| Future Medical Treatment | Reconstructive surgery, skin grafting, plastic surgery, physical and occupational therapy, psychological counseling |
| Lost Wages (Past) | Income lost from missed work days during initial recovery, supported by employer letters and tax returns |
| Lost Earning Capacity (Future) | If permanent injury limits future work capacity, calculated by a vocational rehabilitation expert and economist |
| Pain and Suffering | Physical pain during and after treatment, quantified per day using a per diem argument or a multiplier of medical damages |
| Mental and Emotional Distress | PTSD, anxiety, depression, cynophobia (fear of dogs), sleep disorders, supported by psychiatric evaluation |
| Disfigurement and Scarring | Permanent visible scarring on face, neck, arms, or legs, especially high value when affecting appearance in public or professional life |
| Loss of Enjoyment of Life | Inability to participate in activities the victim previously enjoyed: outdoor activities, sports, walking, social events |
| Punitive Damages (F.S. §768.72) | Available when the owner's conduct was intentional or grossly reckless, such as an owner who deliberately sicced the dog on the victim, or who ignored repeated prior attacks |
Tampa and Hillsborough County Dog Laws and Ordinances
In addition to Florida's statewide dog bite statutes, Tampa and Hillsborough County enforce local ordinances that create additional duties for dog owners. Violations of these ordinances can establish negligence per se in a civil dog bite lawsuit.
Hillsborough County Code §14-7: Leash Law
All dogs must be under the physical control of a responsible person by a leash or similar restraint in all public areas, unless in an enclosed designated off-leash area. A dog running at large in violation of this ordinance is negligence per se; the owner's breach of duty is presumed without additional proof.
Hillsborough County Code: Dangerous Dog Registration
Dogs classified as "dangerous" under F.S. §767.11 must be registered annually with Hillsborough County Animal Services, kept in a secure enclosure, be microchipped, be spayed or neutered, and be muzzled when outside the enclosure. Failure to comply is a criminal misdemeanor and establishes negligence per se in any subsequent bite lawsuit.
Hillsborough County Animal Services: Bite Reporting Obligation
Dog bites must be reported to Hillsborough County Animal Services. The animal is placed on a 10-day quarantine observation period (at home or at an animal shelter) to monitor for signs of rabies. This quarantine report becomes admissible evidence of the bite in civil proceedings.
City of Tampa Parks: Off-Leash Dog Parks
Tampa's Gadsden Park Dog Park (4901 S Gadsden St) and other designated areas permit off-leash dogs within enclosed areas only. Bites occurring at dog parks may still trigger strict liability under F.S. §767.04 if the victim was lawfully present, though provocation defenses are more commonly raised in park settings.
Proven Results in Tampa Injury Cases
Our attorneys have recovered millions for injury victims and grieving families across the Tampa Bay area. Here are some of our notable results:
Top Result
$3M
Nursing Home Abuse
Bedsore & Malnutrition
$2.5M
Fatal Truck Accident
Wrongful Death
$2.5M
Slip & Fall
Restaurant Accident
$1.2M
Car Accident
Severe Injury
$960K
Trucking Accident
Fractured Femur & Herniated Discs
$875K
Auto Accident
Multiple Fractures
*Past results do not guarantee future outcomes. Every case is unique and must be evaluated on its own merits.
Contact a Tampa Dog Bite Lawyer
Placing liability with an irresponsible dog owner for an attack can help prevent future dog bite incidents with another victim, and compensate you for your medical bills and pain and suffering. The sooner you pursue compensation, the more efficient and effective the legal process will be. Call (813) 223-6773 or get in touch online for a free consultation with Fiol & Morros Law Group.
Frequently Asked Questions: Tampa Dog Bite Lawyer
Do I really need a Tampa dog bite lawyer, or will the dog owner's insurance just pay my bills?
Florida's strict dog bite law helps victims, but insurers still look for reasons to deny or reduce your claim, especially on fault and long-term effects. A Tampa dog bite lawyer can prove liability, document your injuries, and negotiate for a fair settlement instead of a quick low offer.
What should I do right after a dog bite in Tampa to protect my rights?
Get medical care immediately, clean and treat the wound, and make sure your treatment is documented. If you can, take photos, get the dog owner's contact and insurance details, file a report with animal control, and contact a Tampa dog bite lawyer quickly so key evidence is not lost.
What does Florida's "strict liability" dog bite law mean for my Tampa case?
Under Florida Statute 767.04, a dog owner can be liable if their dog bites someone in a public place or while the person is lawfully on private property, even if the dog never bit anyone before. You generally do not have to prove the owner knew the dog was dangerous, just that the bite and your injuries meet the law's conditions.
Who can be held responsible for a dog bite in or around Tampa?
The primary person responsible is usually the dog's owner, but handlers, landlords, or businesses that controlled the dog or premises may also face liability in some cases. A Tampa dog bite attorney can review where the attack happened, who owned or controlled the dog, and which insurance policies may apply.
What compensation can I get after a dog bite in Tampa?
Available damages can include medical bills, future treatment and surgery, lost wages, reduced earning capacity, scarring, pain and suffering, and emotional distress. A Tampa dog bite lawyer will total these losses and present them to the insurer or a jury as part of your claim.
How long do I have to file a dog bite lawsuit in Florida?
Many Florida dog bite injury claims now have a general two-year statute of limitations, though special rules may apply in some cases, such as claims involving children. Because deadlines are strict, it is important to speak with a Tampa dog bite lawyer as soon as possible after the attack.
Can I sue if a dog knocked me down without biting me?
Florida's strict liability statute (F.S. §767.04) applies to bites only. If a dog knocked you down or scratched you without breaking the skin, strict liability does not automatically apply. However, you may still have a negligence claim against the owner for failing to control the dog. Under F.S. §767.01, owners may also be liable for broader damage caused by their dogs. Our attorneys evaluate both theories for non-bite dog attack injuries.
What if the dog was a police K-9 that bit me?
Police K-9 bites are governed by Florida's sovereign immunity statute (F.S. §768.28). The City of Tampa, Hillsborough County Sheriff's Office (HCSO), or other government agency must be given pre-suit written notice within 3 years of the bite. Damages are capped at $200,000 per person and $300,000 per incident unless a legislative claims bill is passed. Claims involving excessive force, where the K-9 was deployed unlawfully, may also raise constitutional claims under 42 U.S.C. §1983.
What if the dog that bit me is a "dangerous" breed?
Florida's strict liability statute applies to all dog breeds without distinction. Pit Bulls, Rottweilers, and German Shepherds are treated identically to Labrador Retrievers under F.S. §767.04. However, many homeowner's insurance policies exclude certain breeds by endorsement, which affects the available insurance coverage. Our attorneys investigate all available policies and assets when the primary insurer denies coverage based on breed.
Can I get compensation for psychological trauma after a dog attack?
Yes. Florida law allows recovery for mental and emotional distress, including Post-Traumatic Stress Disorder, anxiety disorders, cynophobia (fear of dogs), and depression following a dog attack. These damages are classified as non-economic damages and require documentation from a licensed psychiatrist or psychologist. Child victims are particularly susceptible to lasting psychological effects, and family members who witness a severe dog attack on a child may also have bystander emotional distress claims in some circumstances.
My landlord's tenant's dog bit me. Can I sue the landlord?
Potentially yes. Under Florida case law established in Paterson v. Deeb (Fla. 1st DCA 1985), a landlord who has actual knowledge that a tenant's dog poses a danger and fails to act (by evicting the tenant, requiring the dog's removal, or taking other reasonable steps) may be held liable in negligence. This theory most commonly applies to apartment complexes with no-pets policies that they fail to enforce, or landlords who received prior complaints about the dog.
Does Florida's 2023 tort reform affect my dog bite case?
Yes, in two important ways. First, HB 837 reduced the personal injury statute of limitations from 4 years to 2 years for incidents on or after March 24, 2023, so older guidance citing four years is outdated for recent bites. Second, Florida switched to modified comparative fault. If you are found more than 50% responsible for provoking the dog, you recover nothing. Insurers now more aggressively argue provocation and victim fault to trigger this total bar.
What evidence do I need to win a Tampa dog bite lawsuit?
The strongest dog bite cases combine: (1) photographs of wounds taken immediately and throughout healing, (2) Hillsborough County Animal Services bite report and quarantine records, (3) ER and all subsequent treatment records documenting injury causation, (4) witness statements from anyone who saw the attack, (5) prior animal control complaints or dangerous dog classification records, and (6) the dog owner's insurance policy information and homeowner's insurance declarations page. Our attorneys send evidence preservation letters to the dog owner and their insurer within days of the incident.
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