When you bring a dog into your home, it becomes part of your family. But no matter how sweet and loving Fido is to you, it’s always possible that your pup could cause someone harm.
Image by PicsbyFran from Pixabay
Whether it was defensive, purposeful, or accidental, any injuries caused by your dog are your legal responsibility. This means that if your dog hurts another person, you may have to reimburse the injured party for any expenses they incurred from the behavior.
However, there are a lot of nuances that come into play with dog owner liability. This overview will help you to understand what to expect in your legal role as a dog owner.
1. Dog Bites Can Fall Under Your Liability Insurance
As a homeowner or renter, you should have a liability insurance policy. Standard policies have a specific section of coverage for negligence, including dog bites, up to a set limit. The policy kicks in whether you’re at home or away when the injury occurs.
But when a dog injures a person, the expenses can run the insurance company tens of thousands of dollars. Because of this, once your dog causes harm, your “good doggy” moves to the “bad dog” insurance list. The insurance company will either exclude the dog from the policy or refuse to renew it entirely.
There are also some breeds, like Rottweilers and Doberman, that are notoriously difficult to find an insurer to underwrite. These breeds are considered to be aggressive, and many companies can legally refuse to write a policy that includes dogs on their “banned breeds” list.
Don’t be so sure your sweet little furry family member isn’t on this list, either. Chihuahuas, for example, are on a lot of insurance companies’ “no write” list.
2. Civil Liability and Dog Bites
Damage to a person caused by a dog bite falls under the category of a personal injury. It’s possible that even if your insurance covers the bills, you could end up in a civil lawsuit.
This can legally occur if your state has a strict liability dog bite law. Statues that are active in the state you live in can make you financially responsible for the bills, as well as other compensation.
If the person injured is able to show that you, as the owner, knew the dog’s behavior was aggressive, it doesn’t matter if the state has a liability law. A principle called the “one-bite rule” makes the owner of a dog liable for any harm if they had reason to believe their dog was aggressive.
Dog negligence can also land you in a civil lawsuit. If your dog bit someone because you didn’t put it on a leash, you may have violated the local leash law of the area. If you let your dog run freely without supervision, you could be accused of being negligent and careless.
3. Criminal Liability and Dog Bites
Many states have something known as a “dangerous dog law.” Once a dog has been labeled a threat or injured someone, and the owner decides to keep the animal anyway, they have to take extra precautions.
In some cases, the judge in a civil case can determine that the dog needs to be euthanized. This typically happens in the case of multiple injuries or with a dog that is considered highly dangerous.
Owners that don’t comply with the precautions or refuse to put the dog down can end up facing criminal charges. And if a dog ends up killing someone else because of the owners’ negligence or purposeful actions, they could be charged with manslaughter.
4. Defenses Against Lawsuits
Owners of dogs accused of injuring someone aren’t helpless, though. There are some defenses that could help avoid partial or whole responsibility of the damage.
For instance, someone who antagonized the dog into attacking them may not be able to collect damages. If the defendant can prove the animal was provoked, the lawsuit could be thrown out. Along the same lines, a victim who was trespassing when they were injured could also have to cover their own expenses.
State liability laws also take into account partial fault. In these cases, the owner’s liability could be reduced in proportion to the fault of the victim versus the dog.
Conclusion
As a dog owner, you get to enjoy the years of love and affection your pup lavishes you with every day. But you also have to take the bad parts, including responsibility for your dog’s actions.
If your dog injures someone, the consequences can range from an apology to criminal penalties. Knowing what your insurance policy covers and what you’re legally responsible for can make it easier to navigate these new waters.
Victims of a dog bite should be aware of the legalities of owning a dog. The knowledge will help them know what they’re entitled to, as well.
