What if My Dog Bites a Trespasser?

Legally Reviewed by Attorney Simon Wiseman on September 23, 2026

Top Dog Breeds Who Bite the Most

An estimated 1.5-2% of the U.S. population are bitten by dogs every year, which is between 4.5 and 4.7 million people. The majority of victims are children, and half of these bites occur at home with familiar dogs. Sometimes, though, dog bites happen to people who are not familiar with the dog or its owner, including trespassers. The law defines trespassing as knowingly entering another person’s property without permission. If a dog bites or attacks someone doing this, the dog has bitten a trespasser.

Large, strong dogs are not the only breeds capable of causing serious injury. Many types of dogs have been linked to biting humans, and these are some of the breeds most frequently associated with it:

• Pitbull. Experts say pitbulls are not naturally aggressive toward humans, but the breed has historically been bred for fighting in some settings. Because of their strong jaws, a pitbull bite can cause significant damage.
• Staffordshire bull terrier. Similar in appearance to pitbulls, this breed shares roots associated with fighting and baiting larger animals. Though they can make good family dogs when trained well, they are strong-willed and can show aggression when faced with a threatening encounter like a trespasser.
• Rottweiler. Rottweilers are ten times more likely to kill a human than the average dog, and some owners choose the breed specifically because it makes a strong guard dog. With proper training, they can also make loyal companions.
• German shepherd. Originally bred to herd livestock, German shepherds are also used by police, military, and search and rescue teams. The breed tends to react quickly to a perceived threat, which makes it an effective guard dog and more likely to bite an intruder.
• Doberman pinscher. Dobermans do not tend to be aggressive toward their own family, but they can be aggressive toward strangers. Naturally protective and alert to potential threats, an improperly trained Doberman is more likely to bite someone it perceives as an intruder.

Are You Liable if Your Dog Bites Someone on Your Property?

In most situations, a dog owner is not liable if their dog injures a trespasser. Florida’s dog bite statute holds owners strictly liable for bites, but that liability generally applies only when the injured person was lawfully on the property, in a public place, or on private property with permission. If the owner can show the injured party was trespassing, the trespasser is typically not entitled to recover damages under that statute.

Comparative negligence is another potential defense in a dog bite case. Under this doctrine, if the injury resulted in part from the injured person’s own negligence, the amount of damages recoverable is reduced in proportion to their share of fault. Cases raising this defense typically proceed through pleadings, interrogatories, and depositions like any other civil claim.

What Florida Law Says About Trespassing and Dog Bites

Florida Statute § 767.04 establishes strict liability for dog bites that occur in a public place or on private property, including the dog owner’s property, when the injured person is lawfully on the premises. The statute specifically carves out situations where the bitten person was committing a trespass or other tort at the time of the injury, which is why establishing lawful presence, or the lack of it, is often central to these cases. Determining whether someone was lawfully present, invited, or trespassing can require a careful review of the facts, including any posted signage, fencing, or prior communication between the parties.

Our companion article on what to do if a dog bites you covers the steps an injured person should take immediately after a bite, which can matter in any dog bite case regardless of which side you are on.

Should You Get a Lawyer for a Dog Bite?

At The Wiseman Law Firm, we provide criminal defense on many fronts as well as personal injury representation. Whether you are being held liable for a dog bite, facing a trespassing charge, or were bitten by a dog and need to pursue a claim, our team can provide the attention your situation requires. Our personal injury services support clients working to prove liability and recover compensation.

If you are facing a trespassing charge in a situation like this, we have the knowledge needed to present your case and will work to build the right approach. Simon Wiseman brings more than 23 years of experience to the table, and we draw on that insider knowledge to present strong defenses for clients on either side of a dog bite dispute.

If you are being charged with trespassing, the team at The Wiseman Law Firm can provide criminal defense for trespassing violations, and we can also help with personal injury representation if you were hurt by a dog bite or other injury. Contact us online to set up a free consultation.

Frequently Asked Questions About Dog Bites and Trespassers