"One
Free Bite"
Is A Myth
Most states hold dog owners responsible
for any harm that their dog causes.
By Jim Messer, Partner
Recently,
a young professional woman was attacked and killed at her doorstep in
San Francisco, California by a pair of pet dogs. The attack brought into
sharp focus a growing trend in this country — more and more people
choose to own aggressive dogs and, as a result, more and more people are
being injured from dog bites.
According to the Centers for Disease Control and Prevention, there are approximately 4.7 million dog bites per year in the United States. These bites cost over $1 billion with the property and casualty insurance industry paying roughly $250 million of that in homeowners' liability.
Who is liable?
People
injured by a dog bite have the law on their side. In the old days, the
law gave dog owners what was sometimes called "one free bite."
Simply put, an owner wasn't liable for injuries unless the dog had already
exhibited the likelihood that it would hurt someone. A dog didn't actually
have to bite someone — the animal needed only to demonstrate that
it was vicious and then the owners were considered to be on notice that
the dog might bite someone. Now, most states (Florida included) make owners
liable for any harm that their dog causes, whether or not the owner had
reason to suspect that the dog might be dangerous. 
The
physical area of liability includes public places as well as the property
of the dog owner. Even conservative states, such as Georgia, have laws
stating that dangerous propensities are established if the animal is required
to be at heel or on a leash by an ordinance of a city, county or consolidated
government. In other words, for areas in Georgia in which a "leash
law" is in effect, there is no requirement that an owner have knowledge
of his animal's dangerous propensities prior to the imposition of liability.
Simply living in a jurisdiction where there is a leash law is enough to
hold the dog owner liable for the dog bite.
Specifically, dog owners can find themselves responsible for an injured person's medical expenses and lost wages, the pain and suffering that a person feels as a result of a dog bite or even the psychiatric therapy costs of a traumatized child. A dog owner can claim he or she should not be liable if it can be shown that the dog was provoked, but claims like these are very hard to prove after a bite.
The better course is to avoid injuries rather than fight about legal liability. And the truth is that dog owners can prevent most bites.
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| * | Have your dogs spayed or neutered. Studies show that unsterilized dogs are three times more likely to bite than sterilized dogs. |
| * | Socialize your dog so that it knows how to act with other people and animals. |
| * | Play non-aggressive games with your dogs such as "go fetch." Playing aggressive games like "tug of war" can encourage inappropriate behavior. |
| * | Never let your dog run at large. Doing so places you at a much greater risk financially should your dog injure someone away from your home. |
| * | Keep your dog out of strangers' paths. Mail carriers, sales people, poll takers, and even Girl Scouts routinely come to your front door. Keep your dog away from them. |
| * | Post warning signs. If you have any reason to think that your dog might injure someone on your property post warning signs prominently. Remember, however, young children can't read. If you think children might be at risk, put a lock on your gate, or even better, consider a new home for your dog. |
Minimize the risk
Avoid owning dogs that seem to exhibit aggressive behavioral characteristics. In 1997 and 1998 at least 27 people died in the United States as a result of dog bites. Pit Bull-type dogs and Rottweilers were involved in more than half of these deaths. While many claim that these breeds make safe pets, statistics of the National Center for Injury Prevention and Control show otherwise.
Teach your children
Many of us do an inadequate job of teaching children how to behave around dogs. As a result, children are much more likely to be bitten than adults, and boys are more likely to be bitten than girls.
Teach your children not to disturb a dog that is eating, sleeping or caring for puppies. Never let a child pet a dog without letting the dog sniff the child first. Don't run from a dog, and never assume that familiarity breeds safety. Many children are bitten by a dog they knew on the dog's home turf. Children may take more chances with a dog they know and a dog is more protective in its own home.
Protect yourself financially
Finally, if you choose to own a dog, it is important that you protect your own financial integrity. Most homeowners' policies cover dog bite liability. Persons in apartments should purchase a renter's insurance policy that will likewise cover dog bite liability. And don't skimp on coverage. Verdicts of $200,000, $300,000 and $400,000 are commonplace in cases involving serious attacks by dogs. Cover yourself adequately before the need arises. A dog can be a wonderful member of a family. Just be certain it doesn't do more harm than good.