Does Homeowners’ Insurance Cover Dog Bites?

Most dog owners firmly believe their pup would never hurt anyone. According to the information collected by the Insurance Information Institute, out of the 90 million dogs living in the U.S., 4.5 million of them had bitten someone, and most of those victims were children. When those bites happen “within the family,” the family pays the bills. What happens if the dog bites a neighbor, visitor, or someone out on a walk?

A dog bite can be a physically painful and emotionally traumatic injury. When there is an issue with the dog owner’s negligence that contributed to the bite, you might be able to seek compensation from them by filing a claim. Would they have to pay out-of-pocket medical bills, or does homeowners’ insurance cover dog bites? That answer depends on the details of the policy and the liability issue.

Illinois Dog Owner Responsibility

Many states adopt the “one-bite” rule for dog bite incidents. Under that rule, the dog owner is not held liable for a bite from their dog if the dog has no history of past incidents. In others, a dog owner could have the sweetest dog who gets along with everyone, but when the dog bites the mailman, they wouldn’t be held liable. Illinois does not follow that mandate.

The Illinois General Assembly is very specific with the dog bite liability issue for dog owners. This is how the law is written:

“If a dog or other animal, without provocation, attacks, attempts to attack or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”

That law goes along with the Marion, Illinois leash law, which states:

“It shall be unlawful for an owner or person in control of a dog to permit such dog to be upon any public street, sidewalk, parkway, public area or unenclosed premises within the City, except on a leash, cord, chain, or other similar restraint, to use or be upon. No leash, cord, chain, or other similar restraint shall be longer than eight feet (8′) in length.”

With those rules in place, it can be straightforward to establish liability against the dog owner. Of course, there could be disputes. For instance, if you are walking by a fence and the dog inside the fence attacks, you’re not provoking the dog, but the owner could claim the dog was just protecting the property. Similarly, if you’re visiting with someone and you’ve gotten along with their dog before, but they turn on you in a moment of excitement, like jumping up to cheer a TV sports game, the owner could also claim the dog was provoked.

These are the exact kinds of issues that an attorney experienced with dog bite claims can help with. They have defended against all the liability scenarios and will know the best approach for handling your incident.

Filing an Insurance Claim for a Bite Injury

As the victim of a dog bite, you are entitled to seek damages. Those damages can cover expenses for the following:

• Doctor visits
• Treatment
• Medical supplies
• Prescription
• Lost work
• Emotional stress
• Anxiety

The medical bills are easy to quantify. The value for your mental anguish could be calculated using a multiplier method that takes all your tangible expenses and multiplies them by a factor of 1 through 5.

The homeowner might offer a settlement to you to avoid filing a claim on their homeowners’ insurance policy. You would not be obligated to accept that offer if it represents a number that is less than what you feel you deserve.

If you make a claim against insurance, it will be one of the following choices:

• Homeowners’ insurance
• Renter’s insurance
• Condominium insurance
• Motorhome or RV insurance
• Business insurance (if the incident took place on a commercial property)

You could file a civil complaint if the dog owner does not have an insurance policy covering dog bites. That would mean taking the dog owner to court and presenting your testimony and evidence of the dog bite attack to a jury. They would then be able to render a verdict and award you a settlement.

If you’ve been the victim of a dog attack and need a remedy, the Thomas Law Offices may be able to help sort out who is liable and who should pay your compensation. The best way to move forward is with information.