Put the Muzzle on Dog Bite
Claims
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A Rhode
Island woman thought it was a no-brainer. She had taken every precaution to
keep unwitting guests out of the bedroom where her Rottweiler was nursing
her litter of puppies. But
her neighbor sued anyway when the mother dog bit her after she entered the
dog owner’s home without her knowledge.
Five years later, the court ruled in the homeowner’s
favor, but not before her insurance company paid out nearly $40,000 in
legal defense costs. Lawsuits and insurance claims resulting from dog attacks
are not unusual, according to many insurance agents and
lawyers. |
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The reason is
the injured now have the law on their side, according to Mary Randolph,
author of Dog Law. “In
the old days, the law gave the dog owners what was called ‘one free
bite.’ Put simply, an owner
wasn’t liable for injuries unless a dog had already shown it was likely to
hurt someone.” But times have
changed. “Most states now make owners liable
whether or not the owner had reason to suspect the dog was
dangerous.”
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Homeowners Insurance
is Necessary
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“Homeowners and renters who own dogs should never go without
liability insurance – which is included in most homeowners or renters
policies – or they may be for a rude awakening if sued,” according to
Madelyn Flannagan of the Independent Insurance Agents of America.
“Without insurance, victims and
their lawyers will go after your personal assets.”
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She suggests
that owners of more aggressive breeds, such as Pit Bulls and Rottweilers, purchase an umbrella liability policy, which provides
increased coverage in case of an attack.
But, she cautions, owners of other
breeds should be cautious as well.
“Although most dogs are well-behaved, every dog has the capacity to
bite, and children are most often the victims,” she
said.
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To Help Reduce the
Number of Dog Bites
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The U. S.
Postal Service and Humane Society of the US offer these tips.
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Spay or neuter all dogs.
Unaltered dogs are three times
as likely to bite.
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Properly train and socialize your dog to behave
properly around people.
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Do not disturb a dog that is sleeping or caring for
puppies.
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Do not pet any dog without letting him see and smell
you.
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Do not approach a dog without his owner, especially if
the dog is in a car, behind a fence or on a chain.
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Do not run or scream if attacked by a dog.
Instead, stand still with your
arms at your sides. Don’t
make eye contact with the dog. If you are knocked down, curl into a ball and put your hands over
your ears.
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Do not base decisions about how to act around dogs on
their breed. Any kind of
dog can bite.
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Dog bites cost society over $1 billion a year, with
insurers paying out about $250 million in liability
claims.
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