Dog Bite

The horrific attack and death of a young, professional woman in San Francisco in front of her apartment door by a pair dogs has once again brought national attention to the seriousness of dog bite injuries. As individuals in society increasingly decide to own aggressive dogs, the more incidents of injuries from dog bites are reported. The Centers for Disease Control and Prevention estimate there are 4.7 million dog bites in the United States each year. These bites cost a staggering $1 billion with the property and casualty industry paying $250 million of that in homeowners liability.

Who is Responsible?

Today the law is on the side of the dog bite victim. In years past, the law provided dog owners what was sometimes called “one free bite”. In other words, a dog owner wasn’t responsible for injuries unless the dog had exhibited in the past a likelihood that it would harm someone. The dog didn’t even have to bite an individual, it only needed to demonstrate it was vicious.

Currently, the State of Florida makes owners liable for any injury their animal causes - regardless of whether or not the owner had reason to suspect their dog might be dangerous. The liability for dog attacks covers both public spaces as well as the property of the dog owner. The dog owner can be found liable for the victim’s medical expenses, lost wages, pain and suffering and, even in some cases, psychiatric therapy for a traumatized child. Some dog owners make the claim that their animal was provoked, however, a defense such as this is quite difficult to substantiate after a bite.

Most dog attacks occur at private residences. Homeowner's insurance policies provide liability coverage for negligent acts including dog bites. For that reason, it is important to determine if the owner of the dog is covered by Homeowner's insurance.

Many Homeowner's policies contain another type of insurance known as Medical Payments Coverage or Med-Pay. This type of coverage is automatically available to pay for the medical expenses incurred by a dog bite victim. Med-Pay normally provides a relatively small amount of coverage. When Med-Pay has been exhausted, the homeowner's liability coverage is responsible for compensating the injured party for his or her remaining damages.

A person who has suffered a dog bite normally incurs economic damages, such as medical bills and lost wages, and non-economic damages such as pain and suffering and permanent scarring. The victim of a dog bite is entitled to be compensated for ALL of these damages.

Dog bite cases are governed by a four (4) year statute of limitations. With that in mind, there is no reason to resolve a dog bite case until the injured person has arrived at maximum medical improvement. It is then that the true value of a dog bite case can be determined. Frequently dog bites leave scars. The speed with which we heal varies from person to person. As a general rule however, scars take at least six (6) months after the initial attack to mature. It is only then that a doctor can determine if the scar is permanent, whether or not additional care will be necessary and the cost of future care.

If a dog has bitten you or a loved one, you can expect to be contacted by an adjuster for the owner's insurance company. Be careful! The adjuster's job is to protect the insured and NOT the injured. If the adjuster requests a statement from you, it would be wise to contact an attorney who specializes in personal injury claims. A lawyer should be present any time an injured person provides a statement to an insurance adjuster.

Many factors interact to determine the total compensation that a dog bite victim is entitled to. In most circumstances, dog bite cases are complex and require the assistance of a lawyer for a successful resolution.

The best course of action is to avoid dog bite injuries - and the truth of the matter is that the dog owners themselves can prevent most bites.

Common Sense Dog Ownership

Steer clear of owning dogs that are known to exhibit aggressive behavioral characteristics. Every year people needlessly die from dog bite and dog attacks in this country. More than half of the deaths from dog attacks involve either Pit Bull-type or Rottweiler dogs. Many dog owners claim these breeds make gentle, safe pets, yet statistics from the National Center for Injury and Prevention and Control indicate differently.

Educate Your Children

When children are not taught how to behave around dogs, they are more susceptible to a dog bite. In fact statistics point out that children are more likely to be the victims of dog bites as opposed to adults and that boys are more likely to be bitten than girls.

Often children are bitten by a dog they are familiar with - usually on the dog’s home turf. A dog can be more territorial in its own home and children may let their guard down more easily with an animal they know.

For those who decide to own a dog, it is wise to make arrangements that will financially protect them. A lot of homeowners’ policies cover dog bite liability. Those individuals in apartments should acquire a renters’ insurance policy that includes dog bit liability. Verdicts ranging from $200,000 to $400,000 are common in cases involving serious attacks by dogs, so be sure to have adequate coverage.