Liability of Dog Owners

Sarah Rupp

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It's no surprise that many people get dogs as their "security systems," hoping to prevent losses. Yet many dogs do just the opposite - costing owners and insurance companies megabucks in medical bills and attorney fees.

Dogs sometimes fail to differentiate intruders from family members, friends, neighbors and mail carriers, causing severe injuries or in some cases death.

Each year, dogs bite about 4.7 million people in the United States. On average, 800,000 require medical attention; more than half are children. About a dozen of those injuries are usually fatal, according to the federal Centers for Disease Control.

Besides causing pain, dog bites cost money. One third of all homeowner's claims in 1999 were dog related, says the Western Insurance Information Service, a non-profit industry group. Insurers shelled out more than $1 billion.

And that's not even calculating the amount of money spent by those who don't have insurance.

The Uninsured

"If you are uninsured and you own a dog, you are putting yourself in a situation that could potentially ruin you financially," says Kenneth Phillips, a Los Angeles attorney who specializes in dog bite law.

"If an ordinary person with an ordinary job has a dog that snips off someone's nose, that person could be sued for $500,000 in damages and, most likely, he or she would have to declare bankruptcy," he says.

That's why Phillips always recommends that dog owners buy homeowner's or renter's insurance. But that's getting tougher.

Not every insurance company covers every breed of dog. Pit bulls, Rottweilers, German shepherds, huskies, Alaskan malamutes, Doberman pinschers, chow chows, Great Danes, Saint Bernards and Akitas are considered the most dangerous, says the Centers for Disease Control. Dogs from each of these breeds killed at least four people in the last 20 years.

Insurance companies agree that the larger and stronger dogs cause the most serious injuries. Some, like Mass.-based Quincy Mutual Fire Insurance Co., will no longer cover owners of pit bulls or Rottweilers.

"There are no states with laws that mandate insurers to write polices for households with a dog," says Holly Staszel from the Insurance Information Network of California.

If your dog ends up costing the company money, there's a good chance your insurance company will dump you. Almost 70 percent of insurance companies say they wouldn't renew polices for those owners, according to a survey conducted by the Insurance Information Network of California.

"We look at every dog bite claim on a case-by-case basis," says Dan Hattaway, an underwriting consultant for State Farm Insurance. "It depends on how serious the injury was and if the owner has taken steps to mitigate the situation."

Knowing the Law

As a dog owner, you need to know not only your state law but city or county ordinances as well.

"Strict liability" states such as California give more power to the victims, holding the owner responsible for any damage the dog causes, regardless of the dog's past history. In common-law states, the plaintiff must prove the dog owner knew his or her dog was dangerous - such as from previous attacks - but failed to take precautions.

The dog owner isn't held liable, however, if it can be proven that the victim was either trespassing or provoking the dog.

It's a good idea not to let your dog run loose in the neighborhood. Posting a "beware of dog" sign on your property and keeping your dog away from your front door will also make it less likely that visitors will be unpleasantly surprised.

Does it matter what kind of dog you have?

"Generally, we do not exclude any breeds of dogs," says Hattaway, "However, we cannot go against any laws or public policies. That means we have to change our polices for homeowners who live in the state of Ohio, which singles out pit bulls as vicious dogs and bans them in Cincinnati."

That's also the case in Denver, Miami, and Prince George's County, a suburban area near Washington D.C. The nation's capital is now trying to pass a similar law.

Pit bulls are not just a problem in the United States. Earlier this year, France enacted a law that requires pit bulls to be sterilized, hoping to remove the entire breed from the country within 10 years. Britain has a similar policy.

Of course, not all pit bulls attack - just like not all toy poodles are nice. Hattaway says most dogs that bite haven't been trained or socialized properly.

That's why he suggests buying a security system for protection instead of a dog.

"When you look at the cost of owning a dog, you are much better off with a central burglar and fire alarm that you don't have to feed and you don't have to clean up after," he says. "But if you really want dogs, you are better off with small "yappers" who have very little liability hazards as opposed to large, aggressive dogs."

They're also cheaper to feed and more comfortable on your lap.

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