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Dog Bite
Insurance Claim
A Personal Injury
Case Study
The following example of a dog bite insurance claim discusses some
important legal issues in these types of cases. We'll review the dog
attack,
liability,
injuries, settlement
negotiations, and the final case resolution.
The
Dog Attack...
John took his two Pit Bulls to a dog park and began talking to another
pet owner while his dogs roamed freely. While his attention
was distracted, one of his dogs began to violently attack a jogger who
was jogging on an adjacent path.
He did not immediately
notice the attack until he heard many of the park goers screaming and
yelling for assistance. A bystander attempted to separate the
dog from the jogger and was bitten on the hand in the
process.
John then ran to his dog, put a leash on him and
pulled him from the jogger, but not before the dog had severely bitten
the jogger's leg.
Liability...
Some states have a one bite rule meaning that a dog owner is NOT liable
for the dangerous propensities of their animals until that animal has
bitten someone. In those states, the dog owner must also have
some notice that the dog is dangerous since domesticated animals are
always presumed to be docile. This law has been outlawed or modified in
most states, however.
In New York, for example, dog bites are
considered strict liability situations holding dog owners strictly
liable for the medical bills and veterinary costs (and only those costs) that are caused
by the dog, whether or not the owner knew the dog was
dangerous. Aside from those costs, the victim would have to prove that the dog previously had a dangerous propensity.
In
other states where the one bite rule has been outlawed, the dog owner
would be strictly liable for all that flows from the incident including
pain and suffering, etc.
In our case, the dog viciously bit a passing jogger.
Therefore, the incident would be handled as a strict liability case. If
the parties were in New York, the jogger's and bystander’s medical
bills would be covered. They would need to establish that the
dog was vicious in order to recover anything further.
Injuries...
The jogger was bitten in the leg causing deep, penetrating wounds that
required stitches. She was transported to the local urgent care
facility by her jogging companion and incurred a bill of
$1360.
The pedestrian who attempted to intervene was
bitten on the hand. He followed up with his doctor the following day for
a tetanus shot and an examination which (without insurance) would have
cost $280.
Negotiations...
Because people do not usually have "dog bite insurance" or any insurance strictly for the acts of their pets, the dog bit victim would submit a claim under the homeowner's insurance policy.
The Pit Bull owner did not have a separate dog bite insurance policy to cover these
expenses. The jogger submitted a claim to him for $3,900
for her medical bills, pain and suffering. The pedestrian did
not submit a claim.
Final Settlement...
John did not earn a significant living and coming up with $3,900
was going to take him an extended amount of time. He had a
401K worth $10,000 which he decided to cash out in order to pay the
settlement. Because he did not know he could negotiate this amount,
he ended up paying the full demand without making any counter-offers.
Important
Points...
- Check your state to determine whether there is
a “one-bite” rule in effect.
- Determine if there is dog bite insurance that you can
purchase for injuries
caused by your dog or if your homeowners policy provides a rider
for such incidences.
- When faced with a personal injury claim for damages, understand
your rights and consider making counter-offers before settling.
-
If you suspect that your dog may be dangerous, it is not a good
idea to allow him/her to roam free at a dog park or other public
location.
Return
from Dog Bite Insurance to Dog Attacks
Return
from Dog Bite Insurance to Personal Injury Settlement Guide
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