The time you have depends on where you were bitten and the kind of claim you bring. In Florida, a claim under the dog bite statute generally has four years. In Ohio, the usual period for a statutory dog claim is six years. Keep in mind, a Florida negligence claim or an Ohio common-law bodily-injury claim generally has two years. You could therefore have one claim that is already too late and another that can still be filed.
A dog bite statute of limitations sets the time for beginning the lawsuit. It doesn’t require you to have reached a settlement or finished the case within that period. There is no single deadline throughout the United States. Start with the place where the injury happened, even if you were only visiting or have since moved away.
How the Florida deadlines work
The owner may tell you that the dog had never bitten anyone before. You don’t have to prove they knew the dog was vicious to bring a claim under Florida’s dog bite statute. It can make the owner responsible when you were bitten in a public place or were lawfully on private property. Explain where you were and why you were there when asking whether you can sue for the bite. For example, being invited onto the property is information relevant to that review.
Section 95.11(3)(e) generally gives you four years for this statutory claim. Negligence concerns a failure to use reasonable care and generally has a two-year period under subsection (5)(a). If both claims are available, each needs to be considered within its own filing period. When asking how much time you have, find out whether the answer covers both.
You may find older guidance giving you four years for negligence, too. Florida reduced that period to two years in March 2023. If your injury was before the change, the transition rules need to be checked against your injury date. An older article could be describing a rule that no longer applies to a recent bite.
The longer filing period in Ohio
For a statutory dog claim, Ohio generally gives you six years to file. Its dog liability law covers owners, keepers and harborers, and the Ohio Supreme Court has recognized the six-year period for statutory dog claims. A common-law bodily-injury claim generally has two years.
If someone else was looking after the dog when it bit you, include that when you explain what happened. Give their name and describe what they were doing, even if you aren’t sure what their legal responsibility would be. The attorney needs to establish who was involved and in what capacity before deciding whether a statutory claim is available against them. That’s what needs to be resolved before relying on the six-year period.
Counting the time while you recover
Usually, the period starts on the day you were bitten. Your medical paperwork may have several dates on it, including the day a bill was prepared and the day of the visit it concerns. Keep the first treatment record with the later reports and bills. It helps the person reviewing your case establish when the injury happened and follow the treatment you’ve had since then.
You may still be waiting to learn how well a scar will heal or whether it will need more care. Those are questions about the extent of the injury, and the answers can affect how the claim is evaluated. A later diagnosis doesn’t automatically begin a new filing period. You can continue receiving care while finding out when the lawsuit needs to begin. That date may arrive before you have a final answer about further treatment.
Filing a lawsuit doesn’t require you to have the final treatment bill in hand. Treatment and settlement discussions can continue afterward. The case does need to be started properly, including compliance with the applicable service requirements.
If you’re waiting for the insurance company to pay
An adjuster may ask for a report from your next appointment before deciding how much the insurer will pay. You can provide that information while also finding out whether a lawsuit needs to be filed. The appointment could be weeks away, and there may be another wait while the report is reviewed. Knowing that the insurer is still working on your claim doesn’t tell you how much filing time remains.
The court deadline continues to run during an ordinary insurance review. Reporting the bite to animal control, sending a demand or receiving an owner’s promise to cover your bills doesn’t automatically pause it either. Keep the correspondence and records of any payments. If you’ve been told there is an agreement giving you extra time, have that agreement reviewed before relying on it. Its wording, what it covers and whether it is enforceable need to be established.
When a child was bitten
The child’s age needs to be considered when working out the date. Ohio generally pauses a child’s limitation period during minority. Florida doesn’t automatically give every child that pause, so a parent shouldn’t assume the question can wait until the child is old enough to decide whether to sue.
Under Florida’s tolling law, relevant circumstances include periods when a parent or guardian doesn’t exist, has an interest adverse to the child, or has been adjudicated incapacitated to sue. The provision includes a seven-year outer limit. That is not a seven-year filing period for every child. Give the child’s date of birth and explain who has been able to act on their behalf since the injury. Any separate claim belonging to the parent needs its own deadline calculation.
Other circumstances that affect the calculation
A pause in the limitation period is called “tolling.” Legal incapacity or concealment by the owner can raise tolling questions, subject to the conditions in the applicable law. If you’ve lost contact with the owner, bring the information you still have and explain what happened. Whether they can be served may affect the answer; a missing address alone doesn’t establish an extension.
Government cases have additional rules involving immunity, notice and filing deadlines. Florida requires presuit notice for covered claims, and Ohio has a separate limitations provision for political-subdivision claims. Explain what involvement you believe the agency had. The location alone, such as a public park, isn’t enough to make the government responsible.
If two years have already passed
There may still be a statutory claim to consider in Florida or Ohio. When you call, give the date of the bite and explain why you believe you’ve missed the deadline. You might have read about the two-year period, or someone involved might have told you that you were too late. Having the dates reviewed will help establish which claims, if any, remain available. If the applicable period has expired and no exception helps, a court can dismiss the lawsuit even with clear evidence of the bite.
Start with the records you have:
- The bite report, photographs and witness contact details.
- Medical records and bills, including the first visit.
- Information about the owner and others involved.
- Messages about insurance, payments or an extension.
You can make the first inquiry while gathering anything that’s missing. Bring the messages you’ve exchanged with the owner or insurer even if you can’t find the policy information. They may identify the person handling the claim and show what information has already been requested. Going through those records is part of how Podor Law investigates dog bite cases. Say when you first contact us if you think a deadline is close. Arranging a consultation doesn’t stop it.
Podor Law’s dog bite attorneys handle claims in Florida and Ohio. During a free consultation, we can review what happened, discuss the claims that may be available and explain what needs to be filed. You can have that conversation before deciding whether you want to sue.
