Pet Owners Responsible for Animal Bites
Posted on Oct 21, 2014 10:40am PDT
When a person has a pet, it is their responsibility to ensure that the animal does not cause serious injury to those it comes in contact with. If a pet causes harm to a person, they may be able to file a personal injury lawsuit against the owner to receive compensation for any injuries, loss of work, and pain and suffering that may have occurred.
Increase in Dog Bite Claims
Over the past year, pet-bite claims against homeowner insurance policies have risen by 5.5%, with dog bites being responsible for one-third of all claims. The average cost-per-claim exceeded $27,000, with over 17,000 claims being filed.
It is suggested that many people do not file a personal injury claim for pet bites, as the CDC estimates that 4.5 million people each year are bitten by dogs alone. As pet bite claims increase, some insurance policies are becoming stricter about dogs, only covering dogs if they are certain breeds or have taken a behavior class.
Pet Bite Liability Differs By State
Over half of all states hold the pet owner liable for any bite that mat occur, whether or not the owner knew the dog was dangerous or if they had taken appropriate measures to minimize the dog injuring others.
In these states, it does not need to be proven that the pet owner did anything wrong, but the injured person must prove that:
- The victim was bitten by a pet
- The defendant is the owner of the pet
- The bite occurred when the victim was in a public place or when they were lawfully on private property
Other states allow for pet owners to be responsible for an injury only if they were aware that the animal was capable of causing such an injury. In these cases, a pet owner may be able to prove that the animal was provoked in order to avoid liability. If a pet has bit a person before, then it could be assumed that the pet owner was aware that there is a reasonable expectation for the animal to bite again.
Have you or a loved one been bitten by a pet? Contacting a personal injury lawyer is the first step to obtain justice for a pet bite injury.