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Consumer FAQs

What If My Dog Bites The Neighbor?

If you were allegedly negligent in allowing the incident to occur, then the liability portion of your homeowners policy will respond. In most cases, a person is responsible for controlling their pets so the pet does not present a hazard to others. Therefore, negligence is almost always alleged. There are many possible exceptions, however, and the final determination of coverage can only be made in light of the specific circumstances.

For example, first consider a person breaking into your home for the purpose of robbing you who is bitten by your normally docile dog. Then consider a person walking down the street who is attacked by your dog who has a history of breaking his leash and attacking people.

Believe it or not, you do owe some consideration to the burglar. For example, it is against the law to set a leathal trap for intruders. But in the case above, you would probably not be considered negligent if your dog bites the burglar whereas you would clearly be negligent in the second case Note that many homeowners insurance applications ask about pets for this reason. Failure to disclose a potentially dangerous pet could void coverage in the event of an attack..

There are other risks involved in everyday living that make liability insurance a necessity. For example, that old tree you kept meaning to remove comes crashing down on your neighbor's garage. Or your skateboarding teenager knocks down the nice elderly lady who lives down the street and causes her to break a bone.

If you find yourself involved in a situation where you may be held liable for damages to others, it is important to gather and write down information such as names, addresses and phone numbers of those involved as well as witnesses and a description of what happened. Then notify your agent right away. Even if you believe you are not responsible, immediate reporting of the incident can help protect your interest and allow your insurance company to investigate while the matter is fresh. This could mean preventing a lawsuit from being filed against you. As with an automobile accident, gather information but do not make statements about who is or is not responsible.

Please feel free to contact us to further discuss this important topic.

Disclaimer: The situations discussed here are hypothetical. Coverage determination in a real case can only be made in light of the situation and the terms of the applicable policies. Contact your attorney for interpretation of insurance coverage relative to a particular situation.


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