I recently came across this article and thought it was pretty interesting.
One–third of all homeowners insurance liability claims are attributed to dog bites. The Insurance Information Institute states that in 2008 dog bites cost $387.20 million, up 8.70% from 2007. An analysis of homeowners insurance data by I.I.I. found that the average cost of dog bite claims was $24,461 in 2008 down slightly from $24,511 in 2007, but the number of claims has increased 8.89% to 15,823 in 2008 from 14,531 in 2007. However, the cost of these claims has risen nearly 28% since 2003.
Increased medical costs, size of settlements, judgements, and jury awards are attributable to the rise in cost of dog bite claims. More than 4.5 million people in the U.S. are bitten by dogs annually, and nearly 900,000 of those - half of them children - require medical care, according to the CDC. In 2006, more than 31,000 needed reconstructive surgery. With more than 50% of bites occurring on the dog owner’s property, the issue is a major source of concern for insurers. A dog owner who is legally responsible for an injury to a person or property may be responsible for reimbursing the injured person for medical bills, lost wages, pain and suffering, and property damage.
There are three kinds of law that impose liability on owners:
1) Dog-bite statute: The dog owner is automatically liable 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.
*Source: Insurance Information Institute. Sept 14, 2009. Avoid Being Bitten With a Lawsuit by Being a Responsible Dog Owner.
Subscribe to:
Post Comments (Atom)
Even in the "one bite" states, the homeowner is still usually responsible for medical bills, lost wages, etc., on the first bite. They just wouldn't have to pay pain and suffering, loss of consortium, and various other intangible things. At least that's the way it used to be. Good article.
ReplyDelete