What You Need to Know about Dog Bite Lawsuits

 Posted on December 00, 0000 in Orland Park Personal Injury Lawyer

Getting sued over a dog bite is one of the most costly experiences a pet owner can go through. According to the Insurance Information Institute, as reported by Forbes, the average cost of a dog bite lawsuit is more than $26,000. While the number of insurance claims have dropped nearly 5 percent since 2010, the costs associated with the lawsuit have steeply risen. In fact, according to a separate report from the Insurance Information Institute, dog bites accounted for more than 30 percent of all homeowners insurance liability claim dollars paid out in 2011, costing consumers nearly $479 million that year. In that time period, the average claim was up 12.3 percent from the previous year, to more than $29,000.

There are three types of lawsuits that can be filed in the event of a dog bite. The first is based on simple liability: this means that the dog owner is immediately liable for any damage that the dog does, even if the dog is not provoked. Another type of dog bite liability is known as the “one-bite” rule. This means that if the dog bites once—thus exhibiting a tendency toward vicious behavior—the owner can then be liable for any additional incidents. A third type of dog owner liability falls under the auspices of negligence laws, meaning that an owner can be held liable if it can be proven that he or she was unreasonably careless (or negligent) in controlling the animal.

According to the state's Animal Control Act, Illinois law upholds that any owner or handler of any animal is liable for damage the animal causes, regardless of negligence of the owner or animal handler. The "one-bite rule" does not apply, but the provocation of the animal may reduce an owner's liability.

So how does an owner avoid being liable for a dog bite situation? The best way, of course, is to avoid the incident in the first place. Proper training, restraint, and behavior toward the animal can often prevent dangerous situations. However, insurance against dog bites can also protect an owner to some extent, as well. Insurance companies rate animals based on dog-bite and attack statistics, and owning a more dangerous breed may lead to increases in premiums for homeowner's insurance. Rottweilers, pit bulls, and Doberman Pinschers are among the breeds that can cause insurance rates to jump dramatically.