Liability Insurance and Dog Bite Injuries

THE FREE BITE RULE

A dog is considered a domesticated animal under the law. The standard of care that the owner of a dog owes to the public is the same as that ordinarily applied for negligence. The owner must use the same care as a reasonable person under the same or similar circumstance.

However, if the owner of the dog has knowledge that the dog has a vicious or dangerous disposition to injure persons or property, the owner is strictly liable for injuries caused by the dog except to trespassers. Similar rules have been applied to domesticated animals since Biblical times. See the rules applied by Hebrew Law to oxen, found in the set of legal principles or examples called “The Judgments” at Exodus 21:28-36.

It is often difficult to prove that a dog owner knew or should have known the dog was dangerous to persons or property. For this reason, some have sarcastically said that a dog is entitled to one free bite before the owner is put on notice that the dog is vicious or dangerous. Young children, whose faces are close to the same level as the dog’s mouth, and elderly people who are knocked down during the attack and are too weak to get back on their feet and fight back, are usually the most severely injured in dog attacks. 

A business owner's commercial liability insurance or a home owner's home liability insurance policy will usually cover damages caused by the owner's dog even if the dog has gotten out and causes damage away from the owner's property.

The owner's insurance generally will pay medical bills that have accumulated at the time of settlement without your having to hire a lawyer. However, if you want the insurance company to pay reasonable pain and suffering, mental anguish, physical impairment, disfigurement, or future medical expenses for plastic surgery to reduce the dog bite scars, you probably will be forced to hire a lawyer.