If you own a dog, your assets might be at risk. There are more than 4.7 million reported dog-bite injuries in the US every year. And the average dog-bite liability case is settled for about $37,000, with costs climbing much higher when extensive plastic surgery is required. You can be liable even if your dog has never bitten anyone before—and you can be liable even if you don’t own the dog but are simply taking care of it.
Helpful: Cat owners can be liable when their pets bite or scratch, but such cases are rare and usually less costly.
Dog owners tend to assume that their homeowner’s insurance will cover the costs if they are sued because of a dog bite, but that insurance might not provide as much protection as they think. It’s becoming increasingly common for insurance providers to quietly limit or eliminate the dog-bite coverage in their homeowner’s policies. What dog owners need to know…
If you own a dog, take a close look at your homeowner’s or renter’s insurance policy to make sure that it doesn’t exclude dog-bite coverage. Read the “Exclusions” paragraph in the “Coverage” section to make sure that it does not mention dogs or animals in general. The wording of this exclusion can vary, but it might exclude “any animal-inflicted injury”…“any canine-inflicted injury”…or “any injury by a dog of certain breeds,” followed by a list of breeds.
If your insurer excludes coverage for specific breeds, it’s likely that pit bulls and rottweilers will be on the list. Other breeds sometimes excluded are Akitas, Alaskan malamutes, chow chows, Doberman pinschers, German shepherds, Great Danes, Presa Canarios, Siberian huskies and Staffordshire bull terriers.
Helpful: The list of excluded dog breeds typically applies only to pure-bred dogs. If your dog is a mixed breed, it likely is not affected, even if its heritage includes one or more of the breeds listed. Still, read the wording of this dog-breed exclusion carefully to confirm that it is not worded in a way that includes mixed breeds, too.
Also, read any “endorsements” mailed to you by your insurance provider. Endorsements are amendments to your insurance policy and could include changes to the policy’s dog-bite coverage. If you have not read endorsements mailed to you by your insurer carefully in the past, contact the insurer and request a copy of your policy and all effective endorsements.
Next, check the “Declarations” section of your homeowner’s policy to make sure that your insurer hasn’t set your dog-bite liability limits lower than your overall liability limits.
Example: A wealthy Hollywood executive was sued when her dog bit another woman. The executive had a homeowner’s policy with $500,000 in liability coverage, so she assumed that she was protected. She didn’t realize that her policy provided only $50,000 in dog-bite liability coverage, not enough to cover the victim’s plastic surgery bills.
If your policy does not provide adequate dog-bite coverage, consider purchasing an umbrella policy to supplement it. For a very reasonable amount—often less than $100 per year—an umbrella policy can increase your liability protection to $1 million. Ask insurance agents for quotes. If your homeowner’s policy specifically excludes coverage for dog bites or for your breed of dog, confirm that the umbrella policy will cover your pet before signing up.
If you cannot find an umbrella policy that will cover your dog, either shop around for a different homeowner’s or renter’s policy or purchase a canine-liability policy to supplement your insurance. A canine-liability policy could cost anywhere from $150 to $1,000 or more per year depending on the breed and size of your dog, its history of aggression and other factors. Insurance brokers offering these policies include Evolution Insurance Brokers (877-678-7342, EIBDirect.com)and Lester Kalmanson Agency (407-645-5000, LKalmanson.com).
In approximately two-thirds of the states, pet owners can be held liable for dog bites even if those dogs have never previously shown any sign of aggression. In the remaining states (Alaska, Arkansas, Idaho, Kansas, Maryland, Mississippi, Nevada, New Mexico, New York, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia and Wyoming), the so-called “one bite” rule applies. In these states, the dog owner generally is legally responsible for damages only if the dog has previously bitten, attempted to bite or exhibited other signs of aggressive behavior toward humans.
Exception: A dog owner in a one-bite state could be liable for his dog’s first bite, even if the dog has never previously shown signs of aggression, if the bite occurs while the dog owner is engaged in outrageous or reckless behavior…is negligent in controlling the dog…or is in violation of a local animal-control law. Dog owners might accidentally increase their risk of liability if they don’t know their local animal-control laws. Google the name of your city or town and the words “municipal code” to find animal-control laws in your area, then repeat the process with the name of your county and the word “ordinance.” Local laws might dictate a maximum leash length of six feet, for example, or limit the number of dogs that can be walked at one time to two—rules that even responsible dog owners could unknowingly violate.
People who work with dogs as part of their professions, such as veterinarians and professional dog walkers, generally cannot sue for damages if they’re bitten by a dog while performing their professional duties, provided that you previously warned them if your dog is aggressive. However, the laws vary widely from state to state on this issue.
In some cases, the dog owner is not the only one potentially liable when a dog bites. Depending on your state’s laws, you might be liable as…
The harborer of a dog. Feed or provide water to a dog that you don’t own, and you could be liable if it bites.
The keeper of a dog. Agree to look after someone else’s dog, and you might be liable for its actions—if you know that the dog has a history of biting.
Example: A man asked a group of women he met in a bar in Venice Beach, California, to look after his dog briefly. The dog bit two people while in the women’s care. The women were liable for the second bite because after the first one, they should have realized that the dog was dangerous.
Dog owners can be liable if their dogs bite other dogs, too. Given the high cost of veterinary surgery, this liability can be substantial.
Exception: It’s a legal gray area whether you are liable if your dog bites another dog—or another person—in a dog park. A case could be made that the bite victim assumed the risk of being bitten when he/she entered the dog park.
Six ways dog owners can reduce the odds that they will be sued for dog bites…
Keep your dog away from children. Children are particularly likely to be dog-bite victims—and dog owners often are held liable even when the child was being aggressive and the dog bit only out of fear. Steer your dog away from young children when you’re out in public, and politely turn down kids’ requests to pet your dog.
Instruct dog sitters and friends who look after your dog to keep it away from strangers. Dogs tend to be particularly aggressive when they are separated from their owners.
Be extremely cautious in the first 60 days after you adopt a dog. A dog is most likely to bite soon after it joins a household, perhaps because it is not yet completely comfortable around its new family.
Do not tie up your dog. “Tethering” tends to make dogs panicky, greatly increasing the odds of bites. It’s even been outlawed in some states.
Post a “Beware of Dog” sign. Not only will this deter people from entering your property where they could get bitten, it can reduce the odds that you will be liable if they are bitten. As long as the sign was clearly visible, the bite victim essentially agreed to take the risk of being bitten when he/she entered.
Be cautious about adopting dogs from rescue organizations. Many dog rescue organizations are wonderful, but some care more about protecting animals than protecting people. Such organizations have been known to place dogs that have bitten before without revealing those dogs’ troubled histories. Buying from a reputable breeder could be the safer choice.
