When a dog bites someone in a grocery store, like Whole Foods, most people assume only the dog’s owner can be held responsible. A recent lawsuit filed in New York City challenges that assumption, and it raises a question Florida shoppers, diners, tenants and hotel guests should understand: if another person’s dog attacks you on a business’s property, can the business share the blame? Under Florida law, the answer can be yes, depending on what the business knew and what it did about it.
If you were bitten or attacked by a dog in Florida, you can reach Florida dog bite lawyer David B. Datny for a FREE consultation 24/7 at 561-221-7474 or chat with us now. You pay nothing unless we recover compensation.
Key Takeaways
- A Fox Business host is suing Whole Foods, alleging a non-service dog bit her inside a Manhattan store and that the store did not enforce its own animal policies.
- In Florida, the dog’s owner is usually responsible under the dog bite statutes, but a store or other business can also be liable for its own negligence.
- A claim against a business usually turns on what it knew about the dog, when it knew it and whether it had a reasonable chance to act.
- Most Florida negligence claims must be filed within 2 years, and store video can disappear much sooner, so do not wait to get the help you need. Schedule a FREE consultation with our Florida dog bite lawyer.
The Whole Foods Dog Attack Lawsuit
According to a September 5, 2026 report in the New York Post, Fox Business host Jackie DeAngelis filed a complaint on August 20 in Manhattan Supreme Court over an attack she says happened in September 2023 at the Whole Foods at 10 Columbus Circle in New York City. Police told the Post that a black pit bull bit her left hand, and that the dog and its owner were gone by the time officers arrived.
- Plaintiff
- Jackie DeAngelis
- Defendant
- Whole Foods
- Court
- Manhattan Supreme Court (New York)
- Incident
- September 2023 (alleged)
- Filed
- Aug. 20, 2026
- Location
- 10 Columbus Circle, Manhattan
The lawsuit alleges that the dog was not a service animal and should not have been allowed inside, and that Whole Foods did not reasonably enforce its policies on animals entering and staying in the store. She claims she needed hand surgery and was left with permanent scarring and limited mobility, and she is seeking unspecified damages. Whole Foods declined to comment on the pending litigation.
These are allegations in a pending New York case, and nothing has been proven. But the theory behind the lawsuit is one that can also come up under Florida law.
Two Different Claims: The Dog Owner and the Business
Florida treats dog owners strictly. Under § 767.04, an owner is liable when the dog bites someone in a public place or someone lawfully on private property, whether or not the dog was ever aggressive before. Section 767.01 goes further, making an owner liable for damage the dog does to a person, and it now requires an owner who knows a dog is dangerous to keep it securely confined.
A store, restaurant, hotel or landlord that does not own the dog is not covered by those statutes in the same way. A claim against the business usually depends on ordinary negligence and premises liability principles, which focus on questions like these:
- Did the business know, or should it have known, that the dog was there and posed a danger?
- Did it have the ability to do something about it, such as asking the owner to leave?
- Did it act reasonably once it had that knowledge and opportunity?
Some cases involve only the owner. Others involve both the owner and the business. When the owner walks away before anyone gets a name, as the Whole Foods lawsuit alleges, the business may be the only party a victim can identify.
When Can a Florida Store Be Responsible for a Dog Bite?
Short answer: When the facts show the store had notice of a dangerous dog and a reasonable chance to act, but did not.
Compare two situations. In the first, a customer walks into a Florida supermarket with a dog, and the dog bites a shopper seconds later with no warning and without time for the store to redirect the customer to the exit. The store had little or no chance to see the problem coming, which makes a claim against it hard. In the second, a dog wanders the aisles for an extended period of time, perhaps passing by employees, and barks and lunges at shoppers before biting one. In this scenario, the store’s failure to act becomes a much more important part of the case and a possible basis for liability.
Facts that can matter in a Florida claim against a business include:
- How long the dog was inside and whether employees saw it
- Whether the dog growled, barked, lunged or acted aggressively before the attack
- Whether customers complained to staff or management
- Whether the business had a no-pets or service-animals-only policy, and whether staff were trained to enforce it
- Whether the same dog had caused problems on the property before
- Whether staff had a practical chance to step in before the bite
A broken store policy is evidence, but it does not by itself prove the business was negligent. What usually matters most is what the business knew, when it knew it and what it could reasonably have done.
When the Store Said It Had No Notice of the Dog
We represented a shopper who was bitten inside a Florida store by another customer’s leashed dog. The store denied the claim, arguing it had no notice of the dog or of any dangerous propensities, and two other law firms had already passed on the case before the client came to us.
We investigated and established that the store did have notice: surveillance video showed the dog walking past several employees before the attack, and none of them did anything to enforce the store’s policy or even check whether the dog had protected service-animal status. We also alleged that the store was negligent in the hiring, training and supervision of its employees, because it did not teach or empower them to enforce its animal policy or to ask the questions Florida law allows to determine whether a dog is a service animal. This dog was not.
As a result, the store agreed to settle with our client. Past results do not guarantee a similar outcome.
Service Animals Complicate the Picture
Short answer: Businesses must allow real service animals, but Florida law lets them remove one that is out of control or a direct threat to others.
Under Florida’s service animal law, § 413.08, staff may ask only two questions: whether the animal is needed because of a disability and what work or task it has been trained to perform. A business may remove even a genuine service animal if it is out of control and its handler does not control it, if it is not housebroken, or if its behavior poses a direct threat to the health or safety of others. Knowingly misrepresenting a pet as a service animal is a crime in Florida.
In other words, a business does not have to tolerate an aggressive dog just because its owner calls it a service animal. Whether the staff used the tools the law gives them can become an important question after an attack and the foundation for a liability claim.
Restaurants have their own rules. Under § 509.233, Florida restaurants may allow pet dogs only in designated outdoor areas, only where the local government has a permit program, and only if dogs are kept leashed and under reasonable control. A restaurant’s violation of these rules, or its failure to protect customers from a clearly aggressive dog, could be the basis for liability if someone is subsequently injured.
We Have Covered Store Dog Policies Before
This is not the first time store dog policies have made the news. We have written about a Home Depot dog bite attack inside a store and about how Publix enforces its ban on non-service dogs. Both raise the same practical issue as the Whole Foods lawsuit: what happens when a business allows dogs inside, or fails to enforce its own rules, and a customer gets hurt. For more on accidents at these stores, see our Publix accident and Home Depot accident pages.
Landlords, Apartment Complexes and HOAs
Short answer: A Florida landlord or association can share responsibility for a tenant’s dangerous dog in some situations, especially when it knew about the danger and had the power to address it.
Florida courts have recognized that landlords and apartment complexes may be held responsible for dog attacks under certain circumstances. In Giaculli v. Bright, 584 So. 2d 187 (Fla. 5th DCA 1991), a child was attacked by a neighbor’s pit bull after the property management company had been warned that the dog was barking and lunging at children. The court reversed summary judgment for the property owners and management company, finding that a jury could determine whether they knew about the danger and had sufficient time to take reasonable preventive measures. That does not mean every landlord is responsible for a tenant’s dog. Prior complaints, warnings to management, knowledge of aggressive behavior, and the landlord’s ability to control the dog’s presence can all affect whether a landlord may be held liable.
We have seen this firsthand. In a dog bite case in Palm Beach County, our client was attacked while walking her dog inside her apartment complex. Our investigation revealed that the pit bull belonged to a tenant who also worked in apartment management, had attacked someone just two months earlier, and was prohibited under the complex’s own pet policies. We pursued the apartment complex for its independent negligence, arguing that it knew about the dog’s dangerous history but failed to take appropriate action or enforce its rules. The complex’s insurer agreed to pay $50,000, and we recovered another $61,000 from the dog owner’s renter’s insurance, for a total settlement of $111,000.
Video and Evidence Can Disappear Quickly
Short answer: Store and building video is often recorded over within days or weeks, so it should be requested and preserved right away.
Security cameras at grocery stores, hotels, apartment buildings and shopping centers may show when the dog came in, how long it stayed, how it behaved, whether employees saw it and who the owner was. That last point can be critical when the owner leaves without giving a name. A lawyer can send a preservation letter asking the business to keep the footage and other records, including:
- Incident reports and employee statements
- Customer complaints and prior incident reports involving the dog
- Store policies on animals and staff training materials
- 911, police and animal control records
- Names and contact information for witnesses
How Fault and Deadlines Work in Florida
Short answer: Your own share of fault can reduce what you recover.
Under Florida’s modified comparative negligence law, a person found more than 50% at fault for their own injury generally cannot recover from a negligent business.
Section 767.04 reduces a dog owner’s liability by the percentage the bitten person’s own negligence contributed to the bite. For negligence claims against a business, Florida’s comparative fault statute, § 768.81, reduces damages by the injured person’s share of fault and generally bars recovery for a person found more than 50% at fault for their own harm. Insurers often argue that the victim provoked the dog or ignored a warning, so these issues should be investigated, not assumed.
Timing matters too. The Whole Foods lawsuit was filed almost three years after the alleged bite. Most Florida negligence claims must be filed within 2 years under § 95.11(5)(a), so a Florida shopper who waits that long could lose the right to sue. And evidence like store video can be gone long before any filing deadline.
The general deadline to file a Florida negligence lawsuit under § 95.11(5)(a).
What to Do After a Dog Bite Inside a Florida Business
Get medical care
Hand and face bites can damage tendons and nerves and become infected even when they look minor.
Tell a manager and ask for an incident report
Get the manager’s name and a copy or report number.
Identify the dog and its owner
Get names, phone numbers and insurance information if you can. If the owner leaves, note what they and the dog looked like and which way they went.
Take photos
Photograph your injuries, the location, any blood or torn clothing and any signs about pets.
Collect witness information
Other shoppers or employees may have seen how the dog acted before the attack.
Report the bite
Contact local animal control and, if needed, the police so there is an official record and the dog can be checked for rabies.
Act quickly on video
Ask the business to keep its security footage, and talk with a Florida dog bite lawyer about sending a written preservation request.
Who Pays for a Dog Bite in a Florida Business?
The dog owner’s homeowner’s or renter’s insurance may cover the bite, though many Florida policies limit or exclude animal liability. When a business or property owner was also negligent, its commercial liability insurance may apply as well. Looking at each potentially responsible party can make a real difference when an attack leads to surgery, permanent scarring or nerve damage.
Frequently Asked Questions
- Can I sue a grocery store in Florida if another customer’s dog bites me?
- Possibly. The dog’s owner is usually responsible first, but a store can also be liable if it knew or should have known the dog was dangerous and had a reasonable chance to remove it or protect customers.
- What if the dog’s owner left before I got their name?
- Report the attack right away and ask the business to preserve its security video, which may help identify the owner. Depending on the facts, you may also have a claim against the business itself.
- Does a store’s “no pets” policy make it automatically liable for a dog bite?
- No. A policy the store failed to enforce can be important evidence, but the key questions are usually what the staff knew about the dog, when they knew it and whether they could have acted in time.
- Can a Florida business remove a service dog that is acting aggressively?
- Yes. Under § 413.08, a business may remove a service animal that is out of control when its handler does not control it, or whose behavior poses a direct threat to the health or safety of others.
- Do I have a claim if a dog knocked me down but did not bite me?
- You may. Section 767.01 makes a dog owner liable for damage the dog does to a person, which can include injuries from being knocked down or chased.
- How long do I have to file a dog bite claim in Florida?
- Most negligence claims in Florida must be filed within 2 years under § 95.11(5)(a). Because store video and other evidence can disappear much sooner, it is best to get legal advice as early as possible.
Related Dog Bite Resources
- Home Depot dog bite attack in store
- Publix Supermarket enforces ban on non-service dogs
- $111,000 dog bite settlement in Palm Beach County
- Boca Raton dog bite lawyer
- Wellington dog bite lawyer
- Winter Park dog bite lawyer
Talk to a Florida Dog Bite Lawyer
If you were bitten or attacked by a dog at a Florida grocery store, restaurant, hotel, shopping center, apartment complex or other business, the dog’s owner may not be the only party whose conduct should be investigated. David represents dog bite victims throughout Florida. In South Florida, learn more from our Boca Raton dog bite lawyer page or our Wellington dog bite lawyer page. In Central Florida, visit our Winter Park dog bite lawyer page or call 407-753-7474.
Attorney David B. Datny has practiced law for more than 18 years, including several as a litigation partner at a national insurance defense firm in New York City. Today he devotes his practice to representing people injured by the carelessness of others. Se habla español, and Creole and Russian translators are available.
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In Palm Beach and Broward Counties, call 561-221-7474 24/7, chat with us now or request a free case review to speak with Florida dog bite lawyer David B. Datny. There is no fee unless we win your case.