If you own a dog, it’s essential to understand the legal implications if your dog bites someone while they’re on your property. While no one wants to imagine their beloved pet causing harm, accidents can happen. In this article, we will discuss what to do if your dog bites someone and how to navigate the legal consequences.
Dog Owner Liability for Dog Bite Injuries
The liability for dog bite injuries varies depending on the state law. In some states, such as Texas, owners are held strictly liable for dog bites. This means that if your dog bites someone, you are automatically responsible. However, Texas also follows a “one bite rule” where you may be liable for harm if:
- Your dog has previously bitten someone or shown aggression.
- You were negligent in restraining your dog or preventing the bite.
To establish negligence, a plaintiff must prove five elements, including that you owned or possessed the dog, had a duty to prevent it from injuring others, breached that duty, and caused the plaintiff’s injuries. Under Texas law, you are also required to compensate the victim for the damages caused by the dog bite.
Defenses for Dog Bite Cases
There are potential legal defenses available if your dog bites someone. For example, if the person was trespassing on your property, you may not owe a duty of care to protect them. Additionally, Texas is a modified comparative negligence state, which means the plaintiff must show that you are at least 51% to blame for the bite. If the plaintiff is more responsible for the incident, the case may be dismissed or their damages award reduced accordingly.
The Role of Insurance
If you own a home, it is likely that you are required by contract to carry homeowners’ insurance. This insurance typically covers incidents like dog bites. If you do not have a mortgage, it is still advisable to have renter’s insurance to cover liability claims. It’s important to note that some insurance companies may ask about the presence of a dog and its breed when applying for coverage. Certain breeds may not be covered, or your premium may increase if you make a dog bite claim.
In the event of a dog bite incident, it is crucial to contact your insurance carrier as soon as possible. They will initiate an investigation, ask you questions, and may assign an attorney to represent you. The insurance company will handle the negotiation and settlement process, ensuring that you receive the best outcome within the policy’s coverage limits.
Frequently Asked Questions
Q: What should I do if my dog bites someone?
A: If your dog bites someone, immediately contact your insurance carrier to report the incident. They will guide you through the necessary steps and provide legal representation if needed.
Q: Am I liable if the person provoked my dog?
A: If the person provoked your dog, their share of the blame may affect their damages award. However, it is still important to report the incident to your insurance carrier.
Q: Can my insurance coverage be affected if my dog bites someone?
A: Yes, making a dog bite claim can result in an increase in your insurance premium or even the termination of your coverage. It is important to discuss your situation with your insurance carrier.
Conclusion
It is essential to be aware of the legal implications if your dog bites someone in your house. Understanding your responsibilities as a dog owner and having appropriate insurance coverage can help protect both you and the injured party. Remember to contact your insurance carrier immediately to report the incident and seek professional legal advice if necessary. For any further assistance, visit Pawsoha to explore our resources and find comprehensive support for dog owners.