Rather, your attorney will help you pursue a legal claim against the insurance company of the dog’s owner, as most homeowner’s policies cover dog bites. The majority of dog bite claims settle out of court.
Answer their questions about insurance -- but not about the dog and not about what happened. The following is from an exchange of e-mail between Attorney Kenneth Phillips (the author of Dog Bite Law) and a dog owner who was being sued.
Sometimes insurers won’t insure those with insurance fraud convictions and other felonies no matter what. Dog bites insurance claims can leave you without homeowners insurance for a long time — and that’s not good. The bottom line: disclose your dog breed and ensure you have adequate coverage. What to do after your dog bites someone?
People who are sued naturally worry whether they bought enough insurance coverage to pay for the claim. This is the subject of Insurance for Dog Owners. All that will be noted here is that the usual $100,000 limit found in homeowner insurance policies usually is enough for settlement.
Homeowners insurance covers most dog bites, although those with aggressive dogs may want to consider additional liability or an umbrella policy. If your dog bites someone, contain the animal, get medical assistance as needed and call your insurance company.
According to the Insurance Information Institute, these are the numbers of average payouts for a dog bite in the top 10 states in America for 2019: California – Average dog bite payout $51,264.6 over 2,396 claims totaling $122.83 million.
What You Need to Provide to Prove Your Dog Is Not DangerousAn alibi, if the dog was not even responsible for the bite. ... Proof of rabies vaccination status and the address of your veterinarian. ... A certificate proving that the dog has been through training. ... Any DNA testing that proves your dog's breed.
If you want to sue the owner of the other dog who attacked your dog you will need to prove that they were somehow negligent. This usually means that they failed to properly control or contain their dog. The negligence of the other dog owner will depend on the circumstances of the attack.
Level 1: No skin-contact by teeth – can be exuberant obnoxious behavior or aggression. Level 2: Skin contact made but no punctures. There may be small lacerations. Level 3: One-four shallow punctures from a single bite and potentially small lacerations from pulling the biting dog or victim body part away.
California law imposes strict liability in canine attack cases. This means that a plaintiff does not have to prove that the dog had a history of biting or “dangerous dog” behavior or that the owner was negligent.
In California, if a dog bites someone, it is a strict liability issue. “If there is a bite, the owners are liable,” says attorney John Montevideo. “There are some exceptions to the rule, but, for the most part, it's the owners fault for it simply having happened.
Vicious dog – A vicious dog is any dog that, without being provoked, severely injures or kills a human being. A dog can be classified as vicious if, after its owner is notified that the dog has been classified as potentially dangerous, continues the behavior that earned the first classification.
Euthanasia can be required after a dog bite in California if the dog has rabies, if the dog has bitten at least 2 people, or if the dog has bitten and seriously injured someone, and had been raised to attack people or fight.
"It's not a thing that they randomly do. If your pet does bite your child, parents should be concerned. It may be a real, significant issue and the dog may need to see the vet."
Level 3 Bite - One to four tooth punctures from a single bite with no puncture deeper than half the length of the dog's canine teeth. At this point, the dog can present a real threat to other people and animals. The majority of my aggression cases fall into this level.
Internationally, dog bites are graded as 1, 2 or 3, depending on severity (Table 1). This grading is important because it guides therapy: only grade 3 bites require immunoglobulin; only grade 2 or 3 bites require vaccine; and grade 1 bites require no treatment.
The WHO rabies exposure categories are: Category I touching or feeding animals, animal licks on intact skin (no exposure); Category II nibbling of uncovered skin, minor scratches or abrasions without bleeding (exposure); Category III single or multiple transdermal bites or scratches, contamination of mucous membrane or ...
First, here's the statute on your possible liability: Civil Code section 3342: (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. Technically you are liable, but what damages has this guy suffered? I think once you see what his medical report and bills are, then you address the matter factually with the information you have below that his skin was not punctured. Sounds to me at worst you pay for his lone visit to the doctor.
If you do not have any insurance, you need to get an attorney to defend any suit that is brought against you. It sounds like there is not much of a case against you.
If you cannot find an insurance defense attorney, then a plaintiff's personal injury attorney will do. Find an attorney who is willing to take your case in the event you are sued. If you cannot find an attorney, don't be too concerned yet. Until you are sued, you do not have to do anything.
If you end up getting sued, hire your own lawyer. Report Abuse. Report Abuse.
Massachusetts imposes strict liability for dog bites, which means you are on the hook regardless of why your dog bit. Where you can stop him is in the damages. It sounds as though you have a fairly solid defense against claims of damages. You should retain a defense attorney to handle this for you, especially where you are uninsured. You may still have to pay something , but it will probably be far less than if there were a real injury.
Now, since you do not have insurance, there is no one to turn the claim over to. So you will be negotiating with the attorney directly. Lucky for you, it doesn't sound like the guy is hurt too badly so the claim is worth very little if anything. Wait to see what sort of demand they make. If warranted, get an attorney.
From the description of the "injuries," it doesn't seem you have much to worry about. If you do not have insurance, however, you may have to hire your own attorney, which may give you pause because of the expense. Don't be so worried about hiring an attorney that you get someone else to work for you. Report Abuse.
Generally, if you only have your primary residence in Florida, then Florida's Homestead law would protect your home from a judgement. However, you may have other attachable assets that should the individual sue you, then you may be at risk of losing. You should seek the advice of a local attorney for further guidance regarding the specifics of your case and your assets, etc.
In Florida there generally is strict liability for dog bite incidents. Do you own a home, but do not have homeowners insurance? It is unwise to have a home with no insurance on it. Homeowners insurance will pay for fire damage, as well as for your own personal liability...
One of the things that an insured person "buys" from an insurance company is their agreement to defend the insured from the covered lawsuits. In most places, the insurance company also has to pay for a private attorney to protect your personal interests.
The claimant usually accepts the policy limits. If the claimant does not accept the policy limits, the claimant has to prosecute a civil lawsuit. The insurance company will defend the insured even though the insurance company wanted to pay the policy limit.
If the case is in small claims court, you need to appear and defend yourself with whatever evidence you can gather . If sued in other courts, you need to retain an attorney to defend you because it is a complicated process and the rules are almost impossible to grasp.
The insurance company usually responds to a claim by making an offer of settlement that is a fraction of what the case is worth. That fraction ranges from 10% to 50%. After that, the lawyer for the claimant attempts to negotiate a reasonable settlement.
This is because it is essentially unfair, in the view of many courts , for the insurance company to pick one lawyer to defend the company and you, because your interests are not exactly the same at this point. If there is a judgment for an amount in excess of the policy, the case usually is appealed.
The following is from an exchange of e-mail between Attorney Kenneth Phillips (the author of Dog Bite Law) and a dog owner who was being sued. The dog owner's message did not make clear whether she was facing a claim or an actual lawsuit; her inquiry was focused on the $1 million claim being made against her.
State personal injury laws and state dog bite laws give accident victims-including those who have suffered dog bite injuries-the right to collect damages, or compensation, for injuries that are someone else's fault.
When you settle a case, you and the dog owner, plus the dog owner's insurance company and your dog bite attorneys, privately negotiate an agreement to compensate you for your injuries. The money is paid by either the dog owner, his or her insurance company, or both the owner and insurance company.
A dog bite attorney will listen to the details of the incident and help you determine if you’re entitled to compensation from the dog’s owner. To hold the dog’s owner liable for your injuries, you’ll need to prove several factors existed: 1 The owner acted negligently in handling or restraining the animal, or simply let it roam “at liberty” unleashed. 2 The animal is vicious or dangerous. 3 You (the injured person) did nothing to provoke the animal.
Personal injury laws include dog bite laws, which give victims of dog bite injuries the right to collect damages in the form of financial compensation from the person at fault . Dog attacks often cause serious injuries and damage to people. That’s why you need to consult with a proven, knowledgeable dog bite attorney. You deserve compensation to offset:
Brian Miller is the insurance adjuster assigned to James’ dog bite injury claim. After reviewing the demand packet, Brian telephones James to discuss a settlement. Brian wants to settle the claim quickly, for as little money as possible.
James knew right away the offer was too low, However, he waited until the following Tuesday to get back in touch with the adjuster to show he’s willing to wait for a better offer. James understands that negotiating with patience is more effective than rushing the process.
The adjuster didn’t call back for more than a week. It was hard for James to wait, but his patience was rewarded with a good settlement offer.
Not all dog attack cases will have severe injuries or equate to large monetary damages. Typically, larger monetary awards occur if an animal attack:
You can take your claim to small claims court without a lawyer — but most counties/states cap small claims court settlements at $10,000 or less. If your injury is severe, or you think your medical bills will cost more, you may want to seek legal advice on filing a lawsuit.
After being bitten by a dog, you may be very upset to the point where you may consider suing just to get back at the owner or because it feels like you should take action.
Make your points quickly, but don't gloss over anything important. Stick to the facts , rather than attempting to appeal to the judge's emotions. Keep in mind that in this kind of case, any sympathy typically will extend to the injured person rather than the owner of the dog that caused the injuries. ...
The best way to defend yourself is to present your strongest points first, then move on.
You typically can defend yourself by proving that the injured person provoked the dog. Any witnesses who observed the person teasing the dog can provide strong testimony in your favor. Keep in mind that provocation can be accidental or unintentional, such as stepping on the dog's tail.
1. Read the complaint and summons. The complaint and summons include details about the plaintiff's allegations as well as important dates and deadlines you need to know. The summons gives you the name and contact information of the person who sued you, and also tells you how long you have to respond.
1. Consider attempting mediation. Through mediation, a neutral third party works with you and the plaintiff to come to a compromise and settle the claim. Mediation is less formal than a trial, and more focused on finding a mutually agreeable resolution to the dispute than on finding a winner and a loser.
You might consider asking people such as your dog's veterinarian, trainer, or others who work with your dog on a regular basis to testify on your dog's behalf and explain to the court that the dog normally is very well-behaved and not a threat to people.
For a dog owner, receiving notice that you are being sued by someone who was bitten by your dog can be frightening and stressful. However, you aren't always legally responsible for injuries caused by your pet. Finding out as much as you can about the incident, including the actions of the injured person before he or she was bitten, ...
If your dog bites someone, it will probably lead to some level of chaos as you work to restrain the animal and see what damage has been done. It pays to keep a cool head and handle the situation in a calm manner, endeavoring to keep both your dog and the bitten victim safe from further damage.
So if you take Fido to the local dog park and he takes a swipe at another dog owner while there, your coverage would still apply. Homeowners can be held liable even in unusual situations. Many are surprised to find that they can be held responsible when a dog that’s not even theirs bites someone on their property.
Here are some other things to consider when you’ve been bitten: 1 Safety is paramount. Before you engage with the other owner or anyone else, do what you can to ensure you’re not at risk of a further attack. 2 Once the dog is contained, getting any needed medical care is your next task. Ask for help from the owner or bystanders if needed. 3 Do not become confrontational with the other owner, even if it’s clearly their fault. Remain calm, and ask them for contact and insurance information. 4 Get contact info from witnesses as well. 5 If the dog is a stray, catch the dog if you can. Call the local animal control facility to keep the dog under observation and test it for rabies. Rabies is a fatal illness, and unless you can ensure that the dog doesn’t have it, you may face serious medical procedures. 6 After your medical needs have been cared for, contact your insurer. They will be able to handle the paperwork involved if there is a claim on the dog owner’s policy. If the dog is a stray, you should be covered by your health insurance, but it’s still a good idea to let your insurance provider know about the situation.
Be open and willing to communicate, and act responsibly — both because it’s the right thing to do, and because you don’t want to present yourself as an adversary. If there are eyewitnesses, get their contact information as well, if they are willing to give it. Call your insurance company.
Sometimes insurers won’t insure those with insurance fraud convictions and other felonies no matter what. Dog bites insurance claims can leave you without homeowners insurance for a long time — and that ’s not good. The bottom line: disclose your dog breed and ensure you have adequate coverage.
Yes, dog bite insurance is a regular part of your homeowners coverage . This is part of your liability coverage, which protects you from lawsuits and covers damages for household mishaps. It may also be covered under a section of your policy called medical payments, although this part of your policy has a low maximum — usually around $5K.
Whether you own a Pekingese or a Rottweiler though, most dog owners like to believe their pets are sweet-natured animals that wouldn’t hurt a fly, but animals can be unpredictable. A dog bite can happen to anyone, so it’s best to be prepared from an insurance standpoint.