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August 12, 2024

Dog Days of Summer

Ah, the dog days of summer are here! It’s also one of the most popular times for families to add a fur baby. If you are thinking about adopting or rescuing a puppy or older dog, it’s important to understand the new liability risks you and your family may face.

Summary

  • Liability laws related to dogs vary by state
  • Dog liability cases are on the rise
  • Check your homeowner policy to see if dog related claims are covered
  • Personal excess or umbrella policy can extend coverage beyond your homeowner's policy limits, minimizing losses

It can happen

You may have heard or read stories about dogs attacking family members, neighbors, friends, dog sitters, or even a delivery person. You may believe your dog(s) is well-behaved and trained so this “won’t happen to me.” While most dogs are friendly, even the most well-trained and beloved family pet can unexpectedly be provoked, causing significant physical and mental injuries. 

In the United States, more than 4.5 million (mostly children) sustain dog bite injuries each year. While most canine attacks are not deadly, they can still cause serious and disabling injuries, which can require extensive medical attention and lead to legal action. 

Take this case as an example:
 

$5.6 million awarded in GA dog attack case

  • A teacher in Georgia was awarded a $5.6 million verdict after being severely attacked by a dog belonging to her neighbor's son (who was living with his parents at the time). The incident occured when the teacher returned mail that had been misdelievered to them. 
  • The victim's attorneys described the severity of the attack as like a 'shark attack,' with the dog being a 'ticking time bomb' that exhibited signs of aggression in the past. The defense argued the son's parents were not liable because they were not aware of the dog's behavior. However, the depositions the judge ordered showed they were present previously when the dog bit someone else.
  • Following the attack, the victim underwent five surgeries and physical therapy, having suffered a substantial loss in her physical capabilities.

The cost of a dog bite

The legal disputes often revolve around establishing negligence by the dog owner or the victim. Factors such as the dog's history of aggression, the owner's knowledge of the dog's behavior, and the victim's actions leading up to the incident are considered. 

Liability laws also vary by state. Some states follow a strict liability approach, holding dog owners responsible for any injuries caused by their pets, regardless of the dog's past behavior. Other states may require proof of negligence or that the owner knew or should have known about the dog's dangerous behavior.

Regardless of your state's laws, liability claims related to dog bites and other dog-related injuries have increase 110% over the last 10 years and can be costly. In 2023, dog bites and injuries cost their owners homeowners' insurance $1,116 million.*

Coverage through homeowners’ insurance

Dog bites and other dog-related injuries account for more than one-third of all homeowners' liability claims. While most homeowners' insurance policies cover damage to your house and personal property, they also include personal liability related to dog bites and injuries. It usually covers your legal expenses as well as damages and medical expenses to the victim if you’re ever sued and found responsible for damages up to the limit of your policy. 

It’s important to keep in mind that some lawsuits involving serious injuries can be very expensive. Many victims filing claims and lawsuits related to dog bites also include expenses related to their:

  • Medical bills required to treat injuries and the costs of ongoing medical care they might require.

  • Lost wages if disabled or missed work for a period due to dog bite-related injuries. 

  • Pain and suffering from the dog bite and injuries.

  • Mental and emotional stress after the attack.

If the damages or judgment against you exceeds the limits of your homeowner's policy, you may be responsible for the remaining amount. However, a personal excess or umbrella policy can extend coverage beyond your homeowner's policy limits, minimizing losses. 

Tips to minimize your risks

While you can’t completely prevent your dog from misbehaving or attacking someone, there are some ways you can minimize the risk, including:

  1. Research your dog's breed or mix of breeds before purchasing from a breeder or adoping.

  2. Investigate the breeder or shelter if adopting a rescue for positive and negative customer experiences.

  3. Train your dog early or enroll them in a certified training program. Most puppies are ready to start training after their first set of vaccinations. Even if your dog is older, proper training can be achieved.

  4. Spay or neuter your dog—it has been shown to decrease aggression.

  5. Keep your dog in a suitably sized crate or in a secure room when you have visitors.

  6. Before leaving your dog unattended, examine a metal or wood fence structure for missing or weak panels, gaps in the ground, and faulty door locks. For electric fencing, make sure it functions properly each time you let your dog out.

  7. Socialize your dog frequently with people and other dogs by tightly leashing it and slowly increasing the slack on the leash as you introduce them.

  8. Keep your dog tightly leashed when walking or out in public, and place yourself between your dog, another person, or dog until they are properly introduced (in #7).

  9. Always be aware of your surroundings and settings, especially when around children. Try to minimize children startling or running up behind your dog. 

Schedule an insurance review with a Personal Risk Advisor to learn more about the liability exposures related to dog ownership and ensure you have proper insurance protection.

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