Background on Dog Bites
2013 still holds the record for the number of dog bite claims but 2014 averaged almost $3,000 more per claim in comparison to the previous year. According to the Insurance Information Institute, dog bites and other dog related injuries accounted for over $530 million of homeowners insurance claim dollars in 2014. This payout accounts for more than 1/3 of insurers’ expenses for homeowner’s liability.
While the number of claims decreased to roughly 5% from 2013 to 2014, the average cost per claim jumped up 15% from $27,862 to $32,072. Loretta Worters, vice president of the I.I.I., says that from 2003-2014 the cost per claim nationally has risen close to 70% percent. This rise in price has come from higher settlements and awards as well as an increase in medical costs. Loretta also says that this trend is still on the upswing.
New Jersey was number 4 on the list of the top 15 states that had dog-related injury claims in 2014. There were a total of 107 claims amounting to just under $6.4 million in payouts in the Garden State. California led the pack with 445 claims totaling over a staggering $16 million.
Sadly, children make up more than 50% of all dog-related injury victims. As most of us are aware, the majority of interactions with dogs do not result in an injury and most can be prevented. The American Veterinary Medical Foundation (AVMF) has a great base of knowledge for anyone looking to get information about dog bite prevention.
Safe Practices to Prevent Dog Bites
Below are a few quick tips about dog bites that the AVMF shares:
- Avoid unknown dogs
- Always ask the owner for permission to pet their dog
- Avoid staring into a dogs eyes
- Never pull a dog’s ears or tail, climb on or try to ride dogs
These pointers may seem obvious but the fact remains that children still get hurt. Educating kids on this matter can help reduce the number of injuries seen each year.
Legislation Related to Dog Bite Claims
The I.I.I. provides some useful information on the laws and regulations surrounding dog bites. Firstly and foremost it should be noted that legislation for this matters varies by state. Statues by state can hold the owner liable whether the dog was known to have a tendency to bite or not. In others, an owner can only be held liable if it was known that the dog had a propensity to bite. Some states have a “breed specific” statue, which identifies breeds such as pit bulls dangerous. It’s important to become familiar with your local laws to understand what you can be held liable for.
There are three types of laws that impose liability on an owner:
- Dog-bite statue: dog owner is liable for any injury or property damage the dog causes without being provoked
- One-bite rule: responsibility of a dog-related injury falls on the owner if the owner knew the dog was likely to cause that injury – the victim must prove the owner was aware of the danger the dog imposed
- Negligence laws: dog owner liable if the injury occurred due to being careless in controlling the dog
Like the majority of American States, New Jersey falls into the dog-bite statute where the owner is liable for all damages to a victim even if the dog never showed propensity to bite humans. To recover damages, a plaintiff must only prove the defendant owned the dog, that it occurred publicly or lawfully on the owner’s property and that the dog did indeed bite the plaintiff.
In 2013, a New Jersey man was awarded over $500k in damages after he suffered injuries when a pit bull and Rottweiler escaped from their cage and attacked him. To date, it is one of the largest settlements related to a dog bite injury in New Jersey. The owner of the dogs was liable for 85 percent of the damages and the building landlord was ordered to pay the remaining 15 percent.
If you have any questions or concerns regarding dog bite injuries, please feel free to contact us for a free consultation.