The “Bad Dog” exception to statutory liability in Florida

The Florida dog bite statute, section 767.04, has a unique exception: there is no liability under the statute if the victim is 6 years of age or older, the incident happens on the dog owner’s premises, and those premises contain a conspicuously posted sign saying “Bad Dog.” The same exception applies if the sign says “Beware of Dog.” Romfh v. Berman, 56 So.2d 127 (Fla. 1951). The sign must be in a prominent place and easily readable, so as to give actual notice of the risk of bite to the victim. Carroll v. Moxley, 241 So.2d 681 (Fla. 1970). If the victim is too young to read the sign, then the exception does not apply to that victim. Flick v. Malino, 356 So.2d 904 (Fla. Court of Appeal, 1978).