Homeowners Insurance - Dog Bites and Insurance Liability Coverage - Insurance

Four out of ten American households include at least one dog as a pet, according to the 2007-2008 National Pet Owner's Survey published by the American Pet Products Manufacturers Association. With an average of nearly two dogs per household, the total dog population of the United States now stands at 74.8 million. The vast majority of dogs are well behaved, but each year more than 4.7 million people are bitten by dogs, according to the Centers for Disease Control (CDC). That amounts to about 1.5 percent of the population being bitten by a dog each year.

Some 800,000 of the bites are severe enough to warrant medical attention. In fact, dog bites are the second most common reason for emergency room visits (behind softball and baseball injuries), accounting for 386,000 visits a year. Sadly, the median age of a dog bite victim in a emergency rooms is just 15. In fact, the highest incidence of dog bites is among boys aged 5 to 9 years, (60.7 per 10,000 persons). Because of their lesser height, children are more likely than adults to be bitten in the face and neck. Fully 73 percent of children treated in emergency rooms are bitten above the shoulders, versus 30 percent of adults. According to the CDC, an average of 16 people die from dog bites annually, or 0.0002 percent of the total number of victims of dog bites.

Pet owners can be held liable for damages caused by dogs they own bite or otherwise harm individuals. Various state laws govern dog bites. Typically, the litigant must show negligence on the part of the dog owner. Negligence can be shown when a dog has bitten before or exhibited behavior indicating it would be likely to bite. Some states have one-bite laws, which make the owner liable without showing negligence. The California statute, for example, reads in part:

The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

Exceptions occur when the person bitten has taunted the dog, has attacked or physically abused the dog, or was committing a crime against the owner of the dog. People who handle dogs as part of their profession, such as veterinarians, typically are exempted from dog bite laws.

Traditionally, homeowners insurance offered liability coverage for dog bites. The trend in recent years, however, has been to limit coverage for dog bite liability. Some policies exclude coverage for breeds known for aggressive behavior, such as the American Pit Bull Terrier, Rottweiler, German Shepherd, Saint Bernard, Great Dane, and Doberman Pinscher. Others exclude dog bite liability altogether.

As with other homeowner insurance matters, be sure to read your policy carefully. If you have a dog, make sure you are covered for dog bite liability. If you are not sure, speak with your insurance agent. If you are not covered under a standard policy, find out if you can take out a rider to ensure coverage. Dogs are wonderful pets, but they can be unpredictable, especially around strangers. It only takes an instant, instinctual reaction on the part of your dog to put you in court, defending yourself against a liability claim.