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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.
©
1999
- 2003 Horenberg Insurance Services, Inc. |