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Pet Owner Liability – No Free Bite

  
Over 5 million Americans are injured from dog bites every year. Of these, on average, 800,000 will require medical attention. Most are small children and some attacks have resulted in fatality.

If you own a dog you need to know the state and local laws governing pet ownership and the liability consequences that can come with it. In most states, the law applies strict liability against a pet owner for any and all damages the dog causes, regardless of the dogs prior propensity or tameness and regardless of pet owner fault. This means that a pet owner can take careful precautions such as fencing and muzzling of the dog – but if the pet causes injury notwithstanding, the owners legal responsibility, no matter how careful or responsible he/she may have been is still on the hook.

In some states however, strict liability is not applied and the legal elements a plaintiff must prove to win the case is that the dog owner knew or should have known that the dog was dangerous but did not take reasonable precautions resulting in injury or damage to the victim. Many states carve out an exception to owner liability if the injury occurred while the victim was in the process of committing a crime, trespassing or in essence provoked the dog. In these cases, the victim’s financial recovery can be reduced or even eliminated by the victim’s own negligence and wrongful conduct.

Too many injuries however are caused when pet owners use their dogs for home protection – essentially converting their dog into a surrogate home security system. The results can be devastating to both the victim and pet owner.

In 2009, a young child suffered serious injuries when a domestic chimp attacked her causing great injury and near death. The attack was so vicious that federal lawmakers promptly enacted legislation prohibiting the domesticating of certain types of wild animals such as chimps.

Dogs don’t always know if a guest is actually an intruder rather then a child’s friend, neighbor or mail carrier. These types of “mistakes” have resulted in horrific injuries as well as huge verdicts at trial. Victims of severe attacks, especially when it involves facial scaring can often cause severe emotional injuries such as post- traumatic stress disorder, which can last for many years and require ongoing therapy as well as medication to fight back the depression and anxiety that can result from a bad attack.

Every year insurance companies pay out in excess of $1 billion annually in dog bite claims. Homeowners look to their insurance policy to shield them from personal liability from such a risk. However, most insurance policies have strict limits concerning liability and pet owners would be well advised to increase liability protection. Even small dogs can cause significant injury to young children.

Nearly a third of all homeowner liability claims are dog related and this does not include the money spent by homeowners or renters that weren’t fortunate enough to have liability insurance.

Here are a few tips. First, never allow your dog to run loose in the neighborhood. When you take your dog for a walk, always keep the dog leashed and if the pet has a history of violence consider using a dog muzzle. Finally, you should know that by putting up a "beware of dog" sign on your property does not shield you from legal responsibility for injuries caused by your pet.