Frankie The Law Dog

All Dog Owners Need Insurance That Covers Dog Bites

All Dog Owners Need Homeowner Insurance for Dog Bites

No matter what breed of dog one owns and no matter how well-trained the dog, all dog owners should give serious thought to making sure they have sufficient homeowner insurance to cover dog bites or other injury caused by their dogs.

According to attorney Kenneth Phillips, a recognized authority on dog bite law, almost five million people in the United States are bitten by dogs every year, with children being the victims of the most serious attacks.  The annual losses from dog bites amount to a staggering $1 billion.  “These losses do not have to be borne by the dog owners and victims, because insurance is available to pay for it,” says Phillips.

Recommended Homeowner Insurance Coverage for Dog Bites

Phillips recommends homeowner insurance or renter’s insurance that provides coverage for, and does not exclude, injuries inflicted by dogs or animals in general with a limit of at least $100,000 for personal liability.  This amount provides for an appropriate amount of compensation for all but the most severe injuries caused by dogs.

Because dogs often end up biting people the homeowner cares about the most, such as relatives, friends, neighbors, and particularly children, Phillips suggests that dog owners may want to have a limit as high as $1 million through either their homeowner or renter’s policy, or through a so-called umbrella policy.  (An umbrella policy supplements the homeowner’s or renter’s insurance coverage and pays claims over and above the existing policy, up to the limit purchased.)

Don’t Assume Your Homeowner Insurance Policy Covers Dog Bites

Phillips cautions that insurance companies often try to sell homeowner insurance policies that exclude dog-inflicted injuries.  Additionally, there are companies that refuse to sell homeowner insurance to people who own certain dog breeds that have reputations for being “dangerous.”  According to insure.com, such breeds include:

Some Insurers Refuse to Sell Homeowner Insurance to Owners of Certain "Dangerous" Breeds

• Pit Bulls
• Rottweilers
• Chow chows
• German shepherds
• Siberian huskies
• Alaskan malamutes
• Doberman pinschers
• Presa Canario bulldogs
• Great Danes
• Boxers
• Akitas
• Wolf-hybrids

However, Michigan and Pennsylvania outlaw the denial of coverage simply because a home has a particular breed of dog, and other states are considering similar legislation.  Nevertheless, some companies simply exclude certain reputedly dangerous breeds from coverage.

Phillips notes that insurers are also “quietly revising homeowner policies that protected dog owners when they originally bought those policies.”  He recommends that dog owners pay careful attention to all notices they receive from their insurers to see if coverage for dog-inflicted injury has been eliminated.

The bottom line is that no dog owner should purchase a homeowner insurance or renter’s policy that excludes coverage for dog bites or other injury caused by dogs unless he or she purchases a supplemental policy.  Dog owners should check their existing policies to determine whether they contain exclusions or limitations for dog bites.

Talk it over with your insurance agent to ensure you have sufficient coverage in the event the unthinkable happens, and if your current policy either does not cover dog bites, or does not provide enough coverage, consider obtaining a supplemental policy.

Bill Seeks to Ensure that Dogs and Cats Used by Animal Research Facilities are Obtained Legally

Representative Michale Doyle (D-PA) has introduced the Pet Safety and Protection Act of 2009 (H.R. 3907).  The measure would amend the Animal Welfare Act to ensure that all dogs and cats used by research facilities are obtained legally.

Dogs and Cats Used by Research Facilities Must be Obtained Legally

Dogs and Cats Used for Animal Research or Educational Purposes

The new law would specify the sources from which research facilities, including federal research facilities, may obtain dogs and cats for “research or educational purposes.”  Under the Pet Safety and Protection Act of 2009, a research facility may obtain dogs and cats for research and educational purposes only from:

• A licensed dealer who bred and raised the dog or cat.
• A registered public shelter or pound that is otherwise in compliance with federal regulations and that obtained the animal from its legal owner, other than another pound or shelter.
• The legal owner of the dog or cat, if the owner is donating the animal and if the owner bred and raised the dog ro cat, or if the owner has owned the animal for at least one year.
• A federally licensed research facility.

Nothing in the measure would require a pound or shelter to sell, donate, or offer a dog or cat to a research facility.  The bill would carry a fine of $1,000 for each violation in addition to any other applicable penalty.

What Does the Pet Safety and Protection Act Mean?

As a practical matter, the Pet Safety and Protection Act would prohibit “Class B” dealers and unlicensed individuals from selling dogs and cats to research laboratories.  According to an urgent alert issued by the ASPCA:

Class B Dealers are people who collect dogs and cats to sell to the research industry.  They sometimes obtain their animals through illegal or unethical means, such as by responding to “free to good home” ads in newspapers, falsifying records to keep the true origins of the animals unknown and stealing pets kept outside in yards.  They also buy animals in bulk from “bunchers,” whose methods are even more questionable.

Eliminating Class B dealers would take away the profit motive from “bunchers” and ensure that pets are not stolen or acquired under false pretenses and sold to facilities that conduct laboratory tests on animals.

What’s Next for the Pet Safety and Protection Act?

The measure was introduced in the House on October 22, and has been referred to the House Committee on Agriculture.  It amends the Animal Welfare Act which was put in place with the stated purpose of insuring “that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment.”

In the meantime, the ASPCA is urging concerned citizens to contact their senators and representatives in Congress and ask them to support and co-sponsor the bill.

Service Dogs for Veteran’s Act

Senator Al Franken’s (D-MN) first piece of legislation, the Service Dogs for Veterans Act, has passed the Senate.

Service Dogs for Veterans Act Will Provide Trained Dogs to Assist Wounded Veterans

The bill requires the “Secretary of Veterans Affairs to carry out a pilot program to assess the feasibility and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities.”  The program will provide about 200 trained service dogs to disabled veterans and will set up a multi-year study to determine the costs and benefits involved.

Cost of the Program to Provide Service Dogs to Veterans

The cost of the program is about $5 million out of the $680.2 billion 2010 Defense Authorization Bill.  The cost of training each service dog is about $25,000.  Although there are a number of charitable groups that raise the money and provide training for service dogs, the waiting list for trained service dogs is long, reports the Twin Cities Pioneer Press.

The funding for this bill is not intended to take the place of the work nonprofits do.  Its goal is to study the feasibility of government funding for service dogs in the treatment and rehabilitation of wounded vets.

What is Next for the Service Dogs for Veterans Act?

The bill was approved in Congress on Thursday, October 22, as part of the Defense Authorization Bill. The legislation was co-sponsored in the Senate by Sen. Johnny Isakson (R-GA).  Representatives Ed Whitfield (R-KY) and Ron Klein (D-FL), championed a companion version of the bill in the House.  It now awaits the signature of President Obama to become law.

S. 1495 – Service Dogs for Veterans Act, as introduced.

What Happens if My Dog Bites Someone?

No dog owner wants to be on the receiving end of a summons to a dog bite lawsuit.  But dog bites can and do happen, so every dog owner would be wise to be familiar with the dog bite laws in his or her state.

Florida Dog Bite Law: What Happens if My Dog Bites Someone?

Florida’s Dog Bite Law: The Owner is Liable for Dog Bites

In Florida, the owner of any dog that bites someone who is lawfully either in a public place or on the owner’s property is potentially liable for the dog bite victim’s injuries.  This is true regardless of whether the dog has shown any dangerous propensities in the past.  It is also irrelevant that the dog’s owner either knew of did not know the dog had ever acted in a vicious manner.

In other words, when it comes to civil liability, dog bite lawyers will tell you that the old saying “every dog is entitled to one free bite” is not true.  The dog owner cannot escape liability for a dog bite by arguing that the dog has never acted in a vicious manner before, or by claiming that the owner had no idea the dog might act in a vicious manner.

Who is the “Owner” of the Dog?

Florida law defines the owner of the dog to include any person or company that possesses, keeps or has custody or control of the dog.  Presumably, this means that anyone who has control or custody of the dog could potentially be liable for the dog bite, including boarding kennels and dog groomers.  If a dog is owned by a person under the age of 18, the minor’s parent or guardian will be considered the “owner” of the dog for liability purposes.

What if the Dog Bite Victim is Negligent?

Under Florida’s dog bite law, if the dog bite victim was negligent, and if the negligence caused them to be bitten, that will be taken into consideration in any damages award.  For example, if the victim is determined to have been 25% responsible for the dog bite through his or her own negligence, the damage award will be reduced by 25%.  This is called comparative negligence.

What Defenses Does the Dog Owner Have?

In addition to comparative negligence, the dog owner may raise the defense of assumption of the risk.  Under Florida’s dog bite law, the owner is not liable for a dog bite on his or her property so long as the owner has displayed on the premises an easily readable sign that includes the words “Bad Dog.”  The warning sign need only be “easily readable.”  This does not mean that the owner is responsible for posting a sign that every potential dog bite victim can read.  The owner is not responsible for the dog bite victim’s illiteracy or inability to read and comprehend English.

There are a couple of exceptions to this rule.  First, the “Bad Dog” warning sign does not apply to children under the age of six years.  A child that young is not expected to read and understand the warning sign.  Second, the warning sign will not help if the dog owner’s negligence or intentional act has caused the dog to bite someone.

What if the Dog Injures Someone Without Biting Them?

Dogs can cause damage that does not necessarily involve biting a person.  They can injure someone by jumping on them, for example, or can cause injury to other animals.  Florida law holds dog owners responsible for any damage the dog does to any person or other animal, including domesticated animals and livestock.

What Happens to the Dog?

Under Florida law, a dog that has bitten someone may end up being classified as a “dangerous dog” for which the owner must take special precautions.  Under some circumstances, the dog may have to be destroyed.  Additionally, the dog owner may face criminal sanctions under Florida’s Dangerous Dog Act.   If the dog kills someone and the dog owner knew the dog was likely to do so, the dog owner may even be charged with homicide.

Disclaimer:  This article is in no way intended as legal advice.  For help with specific legal issues surrounding Florida’s dog bite law, or the dog bite laws in your jurisdiction, please contact a dog bite attorney in your local area.

Sources:  §§ 767.01, 767.04, 767.11(7), Fla. Stat. (2009); Registe v. Porter, 557 So. 2d 214 (Fla. 2d DCA 1990).

Additional Resources:  Homeowner Insurance for Dog Bites,  How to Hire an Attorney, Personal Injury Law