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Dog, Dog attack, Dwelling Policy, Florida, Home insurance, Insurance, Insurance Information Institute, kristine karsten, McGraw Insurance Services, Property damage, Strict liability
Did you know…
According to the Insurance Information Institute, dog bites accounted for more than one-third of all homeowners insurance liability claims paid out in 2010, costing nearly $413 million. The average cost of a dog bite is approximately $26,000 and continues to steadily rise. Not all dog liability claims are caused by bites. In some cases a friendly dog can jump up on a neighbor and knock them down; oftentimes causing an injury and significant medical bills.
Dog Owner Liability
There are three kinds of law that impose liability on dog owners:
1. Dog-bite statute:
The dog owner is automatically liability for any injury or property damage the dog causes, even without provocation.
2. “One-bite” rule:
In some states, the owner is not held liable for the first bite the dog inflicts. Once an animal has demonstrated vicious behavior, such as biting or otherwise displaying a “vicious propensity”, the owner can be held liable. Some states have moved away from the one-bite rule and hold owners responsible for any injury, regardless of whether the animal has previously bitten someone.
3. Negligence laws:
The dog owner is liable if the injury occurred because the dog owner was unreasonably careless (negligent) in controlling the dog.
Florida’s statute on dog bites (767.04) does not have a one-bite rule. Even though your dog’s never bitten anybody before does not mean that you’re not responsible for the injuries caused by the dog. Florida has a strict liability against dog owners. A dog owner is strictly liable for any of the injuries or death caused by their dog to somebody else.
There are a few exceptions, but for the most part strict liability is the rule. There are two ways in which a dog owner could be found not strictly liable. First, any damage caused by the dog is going to be reduced by the victim’s own negligence. If the victim antagonized the dog and the dog, for whatever reason, bit that person, a jury can apportion a percentage of fault to the victim. The other way that a dog owner can protect themselves from liability is by actually posting a sign that says “bad dog.” If they display the words “bad dog” outside their property then for the most part the owner’s not going to be held strictly liable unless they were independently negligent in causing the injury.
Does your Homeowner’s Insurance Policy cover your dog?
Most homeowner’s policies exclude coverage unless you purchase coverage for Animal Liability. Even when purchased, the coverage limit that you may have available is $25,000 and $50,000 with the option for higher limits with certain companies.
Is my dog an acceptable breed?
All companies have an unacceptable dog breed list. These ineligible breeds vary from company to company and any dog with a bite history may also be found to be unacceptable. What does this mean to you? It can vary from not being eligible for homeowners coverage to not having the ability to purchase Animal Liability.
What if you lease or rent a home to others?
These guidelines also pertain to your Dwelling Policies as well. Talk to your agent and find out what your insurance company’s unacceptable dog breed list is and give it to your property manager to pre-screen for you or if you don’t use a property manager, you may want to discuss this with potential tenants. Most property managers have unacceptable dog breeds on their rental application so why not make sure that it reflects the dogs that your carrier will not accept?
We understand that your pets are a part of your family. You don’t have to hide them to obtain insurance coverage.
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