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Put the Muzzle on Dog Bite Claims

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 Insurance is Necessary

“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.

To Help Reduce the Number of Dog Bites

The U. S. Postal Service and Humane Society of the US offer these tips.

  • Spay or neuter all dogs.  Unaltered dogs are three times as likely to bite.

  • Properly train and socialize your dog to behave properly around people.

  • Do not disturb a dog that is sleeping or caring for puppies.

  • Do not pet any dog without letting him see and smell you.

  • Do not approach a dog without his owner, especially if the dog is in a car, behind a fence or on a chain.

  • Do not run or scream if attacked by a dog.  Instead, stand still with your arms at your sides.  Don’t make eye contact with the dog.  If you are knocked down, curl into a ball and put your hands over your ears.

  • Do not base decisions about how to act around dogs on their breed.  Any kind of dog can bite.

Dog bites cost society over $1 billion a year, with insurers paying out about $250 million in liability claims.

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