Dog owner liability
Dog Owners' Liability:
Dog owners are liable for injuries their pets cause if;
the owner knew the dog had a tendency to cause that kind of injury;
if a state statute makes the owner liable, whether or not the owner knew the dog had a tendency to cause that kind of injury;
or if the injury was caused by unreasonable carelessness on the owners part.
There are three kinds of law that impose liability on owners:
- A dog-bite statute: where the dog owner is automatically liable for any injury or property damage their dog causes without provocation.
- The one-bite rule: that is, the dog owner is responsible for an injury caused by their dog if the owner knew the dog was likely to cause that type of injury. In this case, the victim must prove the owner knew the dog was dangerous.
- Negligence laws: where the dog owner is liable if the injury occurred because the dog owner was negligent in controlling the dog. In most states, dog owners aren't liable to trespassers who are injured by a dog. A dog owner who is found legally responsible for an injury to a person or property may be responsible for reimbursing the injured person for medical bills, time off work, pain and suffering and property damage.
All dog owners need homeowner insurance or renters insurance that:
- does not exclude injuries inflicted by dogs or animals in general.
- has a personal liability of at least $100,000
This type of insurance enables the dog owner to pay an appropriate amount of compensation for all but the most severe accidents caused by their dog.
All dog owners are exposed to possible liability for dog bites and other canine-inflicted injuries. Nearly five million Americans every year, mostly children are the victims of dog bites. The annual losses equal approximately $1,000,000,000. Without insurance these losses are borne by the dog owners and the victims.
Be aware: At present, however, the insurance industry is attempting to sell homeowner insurance policies that exclude dog-inflicted injuries. No dog owner should purchase a homeowner policy with that exclusion, unless they purchase a supplemental policy that covers injuries by the dog.
The insurance industry also is quietly revising homeowner policies that protected dog owners when they originally bought those policies. Homeowners must carefully read their renewal and all of the notices sent from insurers, to see if they have eliminated coverage for injuries/accidents caused by dogs.
Some insurance companies refuse to sell homeowner insurance to the owners of breeds of dogs that have a reputation for biting, such as pit bulls, Rottweilers, Akitas and Chow-Chows. Other insurers refuse to sell to anyone who owns any breed of dog. For all these reasons, dog owners need to learn about insurance.
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