If a dog attack occurs on your property, you may be able to file a claim for damages under your homeowner’s or renter’s insurance, which is discussed below. Keep in mind that this is just a broad overview, and each state has its own dog bite laws and ordinances to consider. Check your state’s laws or speak with an attorney in your area like Hensley Legal Group if you want to understand more about your options.
What Duty of Care Do You Owe in Premises Liability?
Premises liability is the first item to consider in a dog bite case that occurs on your property. Your guests have a reasonable expectation of safety when they enter your property. The “standard of care” refers to what is expected in a given situation. Anyone on a homeowner’s property is entitled to a particular level of care. That seems about correct, don’t you think? Owners and occupiers of properties, such as renters, must ensure that the premises are reasonably safe for all visitors. This includes ensuring that guests are kept safe from potentially harmful animals and putting up notices informing them of the animal’s tendencies.
Guests Invited as Well as Others
A reasonable responsibility of care owed to anyone lawfully on the property of a dog owner exists in most cases. The injured party may claim for damages in several states if they can prove the owner’s carelessness or failing to employ reasonable care in restraint or warning of the dog’s dangerous propensities.
Trespassers
You may be surprised to learn that in some areas, trespassers who are bitten by your dog while on your property can sue you. It all depends on where you live and whether or not your state has a dog-bite law that protects dog owners against trespassers’ culpability. Those who are bitten while in a public or legitimately in a private area cannot sue the dog’s owner or occupier under Florida’s dog bite legislation. If a person is trespassing, attempting to commit a burglary, or engaging in any other illegal activity while in a private area, they are breaking the law.
Possibilities for Harm
Dogs who have bitten humans in the past may be considered dangerous under the law, so it’s important to keep an eye on Daffodil. Dangerous Daffodil may be held accountable if it bites someone while they are on your premises. However, putting up a warning sign saying that a hazardous dog is on the premises is a good defense against this.
When Fido bites, who’s responsible?
It is a good idea to investigate homeowner’s or renter’s insurance if you have a dog and are concerned about being held responsible if they bite someone else. In the case of a lawsuit arising from an animal bite on your property, most plans provide some level of coverage. You may also be able to obtain coverage for similar situations through certain types of pet insurance policy. In the end, if you lose a case against an injured party, you may be held personally accountable if you lack one of these.
