Key Takeaways
- Pet owners are usually responsible for any injuries or property damage their pets cause, including any associated medical costs and repairs—this is why preventative measures like training, supervision and containment are vital.
- Typically, homeowner’s insurance does cover dog bites, but pet owners may still be subject to legal action if expenses exceed coverage limitations.
- Some factors that may affect a homeowners insurance’s dog bite coverage are the limits and exclusions of the chosen policy, the dog’s breed, previous history of aggression and state regulations.
- If you are the victim of a pet-instigated incident, you may be entitled to financial compensation from the pet owner or their homeowner insurance carrier—you should contact an experienced lawyer to discuss your case.
Understanding Homeowners Insurance Dog Bite Coverage
Although dogs can bring joy to many, they also bring responsibility and risk. The CDC stated that roughly 4.7 million dog bites happen yearly. If someone else’s dog bites you, the owner can become liable for any injuries the victim may incur.
Dogs are known to bite, scratch and chew objects. Moreover, they may attack other people’s pets. Usually, the owner is legally responsible for any destruction or harm their pet has caused, especially if the owner was negligent in caring for their pet by refusing to keep it on a leash or behind a fence.
Thankfully, many forms of homeowners insurance cover dog bites to help pet owners pay victims. Still, the breed of the dog, its history of violence, state laws and the limits and exclusions of the selected policy are some of the variables that could impact insurance coverage. Understanding rules regarding homeowners insurance and dog bites is important because the victim may be able to take legal action if their expenses exceed the owner’s coverage limits.
Determining Fault in a Dog Bite Incident
In Arizona, if a dog bite is the result of the owner’s negligence, the owner is usually responsible for covering the resulting expenses. However, if there is proof that the harmed individual purposely provoked the animal, ARS 11-1027 allows the provocation to be used as a defense to the action.
On the other hand, if the pet owner encouraged or knowingly allowed their dog to inflict damage on the victim, ARS 13-1208 can render the owner guilty of a class 3 felony unless the action was in defense of themself or a third person. Giving the dog a command to attack or simply knowing that the dog could hurt someone because of its history of aggression is enough to make this a criminal matter.
Even if the pet owner is not charged criminally, the victim may still be able to file a personal injury lawsuit against them to hold the owner responsible for costs incurred from the incident. Consult an attorney experienced in dog bite cases to increase your chances of achieving the best possible outcome.
What Costs Is a Pet Owner Liable For?
In most states, the pet owner will usually be held responsible for any destruction or harm their pet incites. For Arizona residents, ARS 11-1025 declares that any damages resulting from a dog bite that occurs while the victim is in a public location, like a sidewalk or legally on private land, like the pet owner’s property, are the owner’s responsibility—this holds true regardless of the dog’s history of hostile behavior, the owner’s awareness of it or the dog’s breed.
The following expenses are examples of things a pet owner may be responsible for if their dog hurts or damages someone or something.
Medical Bills
If someone else’s dog bites you or your pet, the owner may bear all the medical or vet bills that are incurred, including expenses for surgeries, physical therapy or prescribed medications. A rabies test and preventative care to avoid infections are common procedures after a dog bite, considering about 15-20% of dog bites become infected. Depending on the severity of the injuries sustained, the pet owner at fault may have to pay thousands of dollars to get you or your pet the necessary medical attention.
Lost Wages
Suppose someone’s pet causes injuries that require the victim to undergo a healing period that prevents them from performing their job on a regular schedule. In that case, the pet owner may be responsible for paying the wages the individual expected to make if the dog-related incident didn’t happen.
Physical injuries are not the only result that can warrant missed time from work. The dog attack may have caused emotional suffering that left the victim too distraught to complete their work tasks. A large number of juries would find that some form of punitive damages should be imposed to pay the victim for the suffering they have endured and to teach the dog owner to be more responsible with their pet.
Property Damage
If a neighbor’s pet has destroyed your property, they may be held responsible for this. Some common examples of pet-instigated property damage are:
- Breaking a fence
- Destroying a garden
- Shattering a window
- Scratching paint off of a house
- Digging holes in the yard
Getting financial compensation for damages and injuries that someone else’s dog caused you is an excellent way to remedy the situation and get your life back on track. Still, it is essential to know where this financial compensation can come from—sometimes, the pet owner’s insurance will help cover the damages.
Does Homeowners Insurance Cover Dog Bites?
If you are seeking restitution for medical expenses or pain and suffering after being the victim of a dog attack, the pet owner’s homeowners insurance policy may be able to help—they usually offer coverage for dog bites under one of their many additional protections.
Most homeowners insurance plans feature personal liability coverage that provides financial aid for injuries or property damage that is accidentally inflicted upon others. Sometimes, this type of coverage also helps the insured homeowner with legal fees if you file a lawsuit.
Additionally, homeowners insurance typically includes medical payments coverage that helps pay for expenses that are specifically medically related, helping you get the care you need after being injured by a dog attack.
Still, it is not guaranteed that the pet owner’s homeowners insurance will cover the expenses of the dog bite. Several factors relating to the owner’s policy and the incident itself are taken into consideration before coverage is offered.
Factors Influencing Dog Bite Coverage
Several considerations must be taken into account to understand if the pet owner’s homeowners insurance plan will offer coverage for your dog bite incident. Some examples of factors that can affect the eligibility for coverage are:
- The specific policy’s limits and exclusions
- The breed of dog
- The dog’s history of aggression
- State and local regulations
Some areas categorize dogs as a higher danger than others, such as pit bulls, rottweilers and mastiffs. Knowing this, some insurance companies do not cover those specific breeds. Other companies may perform an individualized evaluation of the pet, assessing its history of violence, before providing coverage.
You may also find that the insurance company is unwilling or slow to pay for certain damages. Sometimes, insurance companies will drag their feet and take a long time to address dog bite claims in hopes of not having to pay as much. Having a reliable personal injury lawyer can help you understand if pet owners and their insurance companies owe you damages, making it easier to get the most ideal outcome possible.
Tips For Preventing Dog Bite Injuries
To prevent dog-related injuries, owners must keep their pets well-trained and restrict their movement using a leash or fence. Supervising the dog’s interactions is also important because it will help the owner understand how aggressive their dog can be.
Although the dog owner is responsible for preventing bite-related injuries, you can inform them about the tips above and take additional steps to protect yourself from dog attacks. To minimize your risk of getting bit, avoid aggression triggers like:
- Approaching a dog that you don’t know.
- Screaming at a dog.
- Disturbing a dog while it is eating, sleeping or taking care of its puppies.
- Touching a dog, especially in a startling way, such as grabbing its tail or ears.
- Threatening a dog by cornering it or making grand gestures.
As you are walking outside, take notice of dogs that seem unrestricted or dangerous—when in doubt, cross the street or avoid walking directly by a dog that you think could lunge at you.
Get Qualified Help With Dog Bite Injuries
Despite taking steps to prevent aggression, dog bites may still occur. Most of the time, the legal system holds pet owners accountable for the damage and injuries that their pets cause. To help with restitution, homeowners insurance does cover dog bites most of the time, but it is not always enough to cover resulting expenses. If you, your pet or your property were hurt or damaged by someone else’s pet, consult a well-educated attorney to achieve the best possible outcome.
JacksonWhite Law features a team of highly qualified attorneys like Jared Everton, who has substantial experience with helping dog bite victims fight for financial compensation to cover their medical expenses, property damage or pain and suffering that usually follow dog attacks.
If you are the victim of a dog-related incident, call our Personal Injury team at (480) 744-3989 to discuss your case today.
