Dog Bite Law

Overview - insurance for dog owners

Every dog owner needs to have homeowner insurance or renters insurance that (a) provides coverage for, and does not exclude, injuries inflicted by dogs or animals in general, and (b) has a limit of at least $100,000 for personal liability. This type of insurance will enable the dog owner's insurance company to pay an appropriate amount of compensation for all but the most severe accidents caused by a dog. Because the dog owner's own relatives, friends and neighbors are the most likely victims of a possible dog attack, having insurance means protecting the people who are closest to the dog owner, thereby protecting valuable relationships and ensuring proper treatment of loved ones.

Given the fact that a dog is most likely to bite someone whom the dog owner loves most, it is recommended that dog owners have higher limits, such as $1 million, through either their homeowners and renters policies or by an "umbrella" policy. It is very inexpensive to obtain an umbrella policy.

Every dog owner is exposed to possible liability for dog bites and other canine-inflicted injuries. Dogs bite nearly five million Americans every year, children are the victims of the most serious attacks, and the annual losses equal approximately $1 Billion (see Dog Bite Statistics). These losses do not have to be borne by the dog owners and victims, because insurance is available to pay for it.

The good news for dog owners, accident victims and society is that homeowners insurance and renters insurance normally provide at least $100,000.00 in benefits for victims. 

Other types of insurance also afford protection for the insureds. Examples include automobile liability insurance, which may cover dog bites that happen in a car, landlord insurance that protects the landlord (but not the tenants) from claims that result from the actions of renters' dogs, and workers compensation coverage which may apply to bites and injuries that happen "on the job." Some companies even sell dog liability insurance. See below for details.

At present, however, the insurance industry is attempting to sell homeowner insurance policies that exclude dog-inflicted injuries. Some insurance companies refuse to sell homeowner insurance to the owners of breeds of dogs that have a reputation for biting, such as pit bulls, Rottweilers, Akitas and Chow-Chows. Other insurers refuse to sell to anyone who owns any dog whatsoever. (See Breed specific laws, regulations and bans.) A recent article in the Wall Street Journal summed up the problem this way:

Some big insurers, including Allstate and Farmers Insurance Group, won't cover homes in some states if residents own certain breeds. Others exclude some breeds from liability coverage, or charge extra for it. The so-called vicious-breed lists include German shepherds, Akitas and Siberian huskies, along with Alaskan Malamutes, Chow Chows, Doberman Pinschers, American pit bull terriers and their cousins. (M.P. McQueen, "Snarling at Insurers," Wall Street Journal, July 18, 2006.)

No dog owner should purchase a homeowner policy or renters policy that excludes canine-inflicted injuries, unless he or she buys a supplemental policy that covers them.  

The insurance industry also is quietly revising homeowner policies that protected dog owners when they originally bought those policies. Homeowners must carefully read all of the short slips of paper and other notices sent from insurers, in case they eliminate coverage for accidents caused by dogs. If that happens, a dog owner must get a different policy or an umbrella that provides both the coverage plus higher limits of protection.

For all these reasons, dog owners need to learn about insurance.

Homeowner, renter and other insurance

• If you own a dog and either own or rent a home, your homeowner or renter insurance policy probably contains "personal liability coverage" (or something similarly worded). This feature normally protects you from having to pay damages to other people for most dog injury claims as well as many other claims, possibly including defamation, a trip-and-fall on your front steps, etc. 

• If your dog was in your car when the dog attacked a person, then your automobile policy probably covers the incident. 

• If you have insurance for rental property, then it most likely covers you against claims for "landlord liability" or "landlord negligence" arising from a dog attack.

• If your employee was injured on the job, your workers compensation insurance probably protects you. Make sure you talk to a workers compensation attorney if you are told otherwise, because "on the job" is defined very carefully.

The insurance also provides you with an attorney and pays all court costs if you are sued.

Your insurance policy also probably has "medical payments coverage" (or something similarly worded). This gives you further protection if your dog bites or injuries someone. It pays for that person's medical bills up to a certain limit

Finally, your insurance policy also probably has "property damage coverage" (or something similarly worded). This provides additional coverage for torn clothing, broken glasses and other property damage losses sustained by the victim.

Insurance virtually never covers your liability for injuries that you intentionally cause to another person. However, dog attacks usually are unintentional. Even when they are suspected to be intentional, however, the attorney for the victim normally presents the claim in a manner that will trigger the dog owner's insurance policy, which increases the victim's chance of an insurance recovery.

The insurance industry is in the process of limiting and even eliminating dog liability coverage from homeowner policies. (See below.) 

For more information about renter's insurance, see the American Renter's Association On-Line Renters Insurance Guide.

For more information about insurance, companies, terminology, etc., see:

• The Dog Bite Law Adviser.
• The Insurance Industry Information Network
• Yahoo - Insurance

Who is covered under an insurance policy

There are two standard forms of homeowners insurance. One is discussed below. However, do not assume that your insurance policy has any of the provisions mentioned here! You have to read your policy or retain an attorney to read it with you and tell you what it means. Your insurance agent or broker might also be able to tell you the broad strokes of the policy, but his job is to sell it, not study it; the policy was written by an attorneys and requires the knowledge of an attorney to interpret it and apply it to any given situation.

One of the standard forms was written by Insurance Services Office, Inc. It defines an "insured" as follows:

"Insured" means you and residents of your household who are:

a. your relatives; or
b. other persons under the age of 21 and in the care of any person named above."

• The named insured and his spouse (i.e., the person whose name is on the policy declarations)

• Relatives of the named insured or spouse who are residents of his or her household

• Non-relatives who are (a) residents of the household, (b) under 21, and (c) under the care of the named insured or his spouse, or a relative of either of them who is a resident of his or her house. Examples include a foster child, a child living with a guardian, or a teenager or other child who is living at the house.

The text of the standard policy by Insurance Services Office, Inc. goes on to include the following language pertaining to animals:

With respect to animals..., any person or organization legally responsible for these animals ... which are owned by you or any person included in [the definition given above]. A person or organization using or having custody of these animals or watercraft in the course of a business or without the consent of the owner is not an insured.

If the attacking dog belongs to the insured or any other person defined above, the above quoted language provides coverage for anyone who has custody of the dog. Some examples would include:

• A pet sitter (but not a paid pet sitter)
• A dog walker (but not a paid dog walker)
• A person who, without permission, takes the dog to the beach or a dog park

If the victim is an "insured" under the policy of the dog owner or other insured, the victim cannot get anything under that policy, because a person who is an "insured" cannot make a claim as a victim under his own policy.

A person who is renting some living space at the residence may be covered (see below).

Other issues that arise under homeowner insurance policies

Renting

Operating a business

What if the liable person was operating a business at the residence? Examples might include a daycare or a small rodeo. The commonly used forms exclude injuries arising out of or in connection with a business of the liable person, no matter where it is conducted.

However, the courts have placed limits on this exclusion. A case in California, for example, held that the homeowner policy provided coverage even though the homeowner was operating a daycare and the victim was a child at the daycare center, because the child was injured when he fell into a pool, and the pool itself had nothing to do with the daycare center.

The same reasoning would apply to the family dog: even though the child bitten by the dog was at the house for daycare, the dog had nothing to do with the business and therefore the exclusion would not apply.

Insurance industry is attempting to exclude dog bites from homeowner coverage 

The Insurance Information Institute reports that about a third of all homeowner claims involve dog bites. Insurance companies are now pursuing a strategy to avoid paying these claims. The companies either refrain from selling insurance to households with dogs, refrain from selling insurance to people who have certain breeds of dogs, or exclude dog bites from coverage.

Some companies sell insurance to owners of disfavored dogs, but at a higher price. Still others will cover a pet if the owner takes the dog to classes aimed at modifying its behavior or if the dog is restrained with a muzzle, chain, or cage. (To learn more about the dog bite epidemic through the eyes of the insurance industry, read the very informative article entitled "Dog Bite Liability" by the Insurance Information Institute.)

This alarming trend hurts dog owners, dog bite victims, health insurance companies and society at large:

• Dog owners who do not have insurance for dog bites can lose their homes, their assets and their income as a result of a single dog bite incident, unless they are insured for it. Although many, many dog bites do not result in serious injury, the sad fact is that a significant number cause devastating scars and disfigurement.

• Dog bite victims certainly deserve to receive payment for their serious losses, but if dog owners are not insured and do not have assets or income, then there is no way that the victim can recover. 

• Society always pays the price of uncompensated, uninsured losses because the community ends up paying the medical bills, the state pays disability and unemployment benefits, and welfare pays the rest. This might result in the government taking action that might not be in the best interest of dog owners, namely banning certain breeds of dogs, or making it illegal to not have dog bite insurance.

One of the issues most threatening to dog owners is the denial of insurance coverage. If the insurance industry excludes dogs from homeowner policies and won't sell dog owners a canine liability policy, then the homes of dog owners are at risk, along with their financial futures.

In this country the insurance industry plays the important role of spreading the risks. The industry backs up many of the civil rights of little people, who are subject to liability for a number of things, such as driving cars and yes, owning dogs. Were it not for insurance, we could not do all of those things and, at the same time, enjoy the benefit of our laws that permit victims to be compensated.

So the insurance industry, by denying insurance to dog owners, is placing them at risk and infringing on their right to own dogs. At the same time, the denial puts the burden of many dog bites on the victims who are already suffering. It makes no sense to deny coverage, and dog owners must speak out against it.

The insurance industry is also engaging in the controversial and probably ineffective practice of "breed bans." Read about Breed specific laws, regulations and bans.

If, because of your dog, you applied for insurance and were denied it, or if your insurance was canceled, the Humane Society of the United States wants to know. The HSUS is trying to determine the extent of this problem, and how to solve it. Download their report form and send it to them.

Where to get dog owner liability insurance 

Despite the statement by the Insurance Information Institute that "It is unlikely that insurers will begin offering specialty insurance policies just for dog bites since the cost of such policies would be prohibitive," (click here to read it), dog owner liability insurance (sometimes called "canine liability coverage") is available from a few brokers and companies in the United States. If you need to purchase it, the following companies are offering it:

If you have homeowner insurance or renters insurance, and it does not cover canine inflicted injures, talk to your insurance agent about purchasing a "personal umbrella liability policy." It is form of umbrella liability insurance for individuals and their families. It provides coverage for (1) excess liability over underlying liability coverage (homeowners, auto) and (2) some of the liability exposures excluded by underlying policies, which might include canine liability (but be sure to check!). There is no standard form for this kind of policy, but generally the form requires the maintenance of underlying homeowners and auto liability policies with minimum combined single liability limits of $300,000 each. The important thing is to ascertain that the umbrella policy under consideration does not exclude canine inflicted injuries.

What to watch out for when buying insurance 

A dog owner also must consider, however, whether dog-related injuries are included or excluded from the policy, and whether the policy will pay enough money to compensate a victim.

Some insurance companies provide personal liability coverage but will:

• Exclude dog bites
• Exclude certain types of dogs
• Limit the number of times the policy will pay for the losses of a dog bite victim
• Limit the amount of money that the company will pay. 
• Limit the household residents or other people that are covered

• The amount that will actually protect you and your assets if your dog bites a person. A limit of $300,000.00 or more is recommended for all large dogs, all dogs on the CDC list of biting dogs, and all dogs on the CDC survey of breeds that have killed a person (there are 25 breeds on the list). See Dog Bite Statistics to read more about these lists. If your dog does not fall into the above category, then you might consider purchasing a lower amount of insurance, but not less than $100,000.00 because lower limits will not be sufficient to provide for the losses of a child who is bitten in the face.

• The amount that might be required by law. Under certain circumstances, you might be required to purchase insurance in order to keep your dog, such as when your dog is declared dangerous or vicious. Similarly, there are cities and states that require proof of insurance as a condition of keeping all dogs or certain breeds of dog. Find out what the minimum is and then purchase at least that amount.

What to do if you cannot insure your dog

It is completely essential that a dog owner have some kind of insurance that will protect him or her against liability if the dog injures a person. There are circumstances, however, where a dog owner may find difficulty obtaining insurance. For example, if a dog is declared dangerous or there is a pending proceeding against the dog, the insurance might be suspended or cancelled. Here is what to do if that happens:

First, check whether you have the right to appeal, under the law that was used to declare the dog to be dangerous. An attorney might well be necessary for this. Do this very, very soon after the decision is announced, because the right to appeal lasts only for a short time. However, if in doubt, see a lawyer to find out how much time you have.

Second, talk to several or many insurance companies. Keep in mind that there are companies that will write insurance specifically covering canine liability (see Where to get dog owner liability insurance on this page). Perhaps you can supplement your current insurance with a special policy from one of those companies -- in other words, you would end up being insured under both policies at the same time.

Third, if neither your regular insurance company nor another homeowners or renters insurance company will help you, but they do not cancel you, talk to an agent about getting a policy of umbrella insurance that covers what the underlying insurance won't cover. It is essential that the umbrella provides coverage for gaps in the underlying policy's scope of coverage. Make sure your agent knows that you need the umbrella policy to protect you against canine liability and that your underlying policy has been suspended or that canine liability coverage has been excluded from the underlying policy.

Fourth, if you can't get insurance at all, even canine liability insurance, then you have to give up the dog to a rescue organization, a relative, or a shelter (where it might be adopted-out or even put down). Attorney Kenneth Phillips cannot recommend that you allow yourself to be uninsured because of the dog. A dog must not leave you in total jeopardy, financially speaking. However, if you give up the dog to any third party, you must disclose the fact that the dog has a history of dangerousness and any official orders pertaining to the dog. If you give away a dog that is dangerous, without fully disclosing the danger, you may be held liable for not only full compensation of a future victim, but also punitive damages.

Insurance for veterinary bills ("pet insurance") 

Solving the insurance crisis facing dog owners

Without a doubt, dog owners need insurance that will protect them from injuries caused by their dogs. The current cut-backs on canine liability insurance are the biggest issue facing dog owners -- far more important than the threat of breed bans. Insurance for canine inflicted injuries must be made available and affordable to all but the owners of truly dangerous and vicious dogs.

Consider the statistics and you will know why: of the 800,000 annual dog bites that require medical attention in the USA, more than half of the victims are children, and more than half of the child-victims are bitten on the face. The medical costs and other losses stemming from a bite to the face ranges from the tens of thousands of dollars to the hundreds of thousands. Imagine the effect of a $100,000 judgment upon a homeowner! He literally could lose his house! That is why homeowners insurance without protection against dog bites is an illusion. Your house is not fully covered, because with one snap of your dog's jaws, you can lose it -- unless your policy protects you.

Companies selling homeowner insurance should be required to include coverage for canine-inflicted injuries, either as part of the standard policy or as an "add-on." That having been said, there are four good questions we have to ask ourselves.

The first question is whether everyone who owns a home should have to pay for this coverage, even if he does not own a dog. People who do not own dogs should not have to pay for the damage that is done by dogs; conversely, dog owners should be legally required to have this insurance.

The second question is whether the owners of 5-pound dogs and other small dogs should have to pay the same amount as the owners of dogs that are big, strong, and capable of being dangerous. There are distinctions among the types of dogs, in that small dogs with small teeth generally are incapable of inflicting the same degree of damage that can be done by big dogs with big teeth. Therefore the cost of this insurance should be more or less "by the pound," meaning the size of the dog.

The third question is whether those who own one dog should pay the same amount as those who own two, three, four or more. The answer is obvious: the more dogs you own, the more you should have to pay. It works that way for cars too. And there is an additional reason here: your dogs work in a pack, while your cars do not. In other words, when it comes to having multiple dogs, the sum of the parts is greater than the whole, because dog packs are more dangerous than dogs working alone.

There is no question, however, about insurance for those who own "bad" dogs (meaning those having a history of biting people, or have been declared dangerous by the authorities). The ownership of these dogs is not to be encouraged, and certainly must not be subsidized in any way. Therefore, the insurance industry should not be required to insure the owners of these dogs. However, it would be best for society and for the victims if some type of insurance were available. Perhaps the insurers can create a separate pool for those who wish to continue owning these dogs, and are willing to pay high insurance premiums to do so.

In summary, insurance companies should not be permitted to cancel policies based upon the breed of dog, and should be required to make canine liability insurance available. However, the premiums should be based upon the size, number and history of a person's dogs.

www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2008 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to click here.