A Rhode Island woman thought it was a no-brainer. She had taken every precaution to keep unwitting guests out of the bedroom where her Rottweiler was nursing her litter of puppies. But her neighbor sued anyway when the mother dog bit her after she entered the dog owner’s home without her knowledge.
Five years later, the court ruled in the homeowner’s favor, but not before her insurance company paid out nearly $40,000 in legal defense costs. Lawsuits and insurance claims resulting from dog attacks are not unusual, according to many insurance agents and lawyers.
The reason is the injured now have the law on their side, according to Mary Randolph, author of Dog Law. “In the old days, the law gave the dog owners what was called ‘one free bite.’ Put simply, an owner wasn’t liable for injuries unless a dog had already shown it was likely to hurt someone.” But times have changed. “Most states now make owners liable whether or not the owner had reason to suspect the dog was dangerous.”
“Homeowners and renters who own dogs should never go without liability insurance – which is included in most homeowners or renters policies – or they may be for a rude awakening if sued,” according to Madelyn Flannagan of the Independent Insurance Agents of America. “Without insurance, victims and their lawyers will go after your personal assets.”
She suggests that owners of more aggressive breeds, such as Pit Bulls and Rottweilers, purchase an umbrella liability policy, which provides increased coverage in case of an attack. But, she cautions, owners of other breeds should be cautious as well. “Although most dogs are well-behaved, every dog has the capacity to bite, and children are most often the victims,” she said.
The U. S. Postal Service and Humane Society of the US offer these tips.
Dog bites cost society over $1 billion a year, with insurers paying out about $250 million in liability claims.
