Is a Dog Bite Covered by Homeowner's Insurance?

Is a Dog Bite Covered by Homeowner’s Insurance?

Each year, millions of Americans are victims of some type of dog attack or dog bite. The Centers for Disease Control and Prevention (CDC) reports that 4.5 million people are the victims of dog bites annually in the U.S., and half of those bitten are children. While some dog bites are minor, others can be serious, causing infection, disfigurement, or even death.

Dog bites and dog attacks can be scary for both the victim and the dog’s owner. Victims of dog bites might end up with permanent injury or face reconstructive surgery.  A dog owner could face a premises liability lawsuit to compensate victims for damages. Often, these are filed as claims under the dog owner’s homeowner’s insurance policy.

Dog Bite Coverage by Homeowner’s Insurance

The Insurance Information Institute reports that dog bites accounted for more than a third of all insurance liability claims paid in 2016, costing the industry more than half a billion dollars in one year. In 2016, there was an 18% increase in dog bite claims nationwide compared to the prior year, and the awards for these claims have gone up 73.4% since 2003.

In most cases, a homeowner’s policy will pay when their dog bites or attacks another person, subject to the limits of liability on the policy. The average amount of liability insurance that most homeowner’s carry is between $100,000 and $300,000.

There could be some limitations in coverage with homeowner’s insurance, however, so it is important to understand how an insurance company may word their policy. For example, some insurance policies limit or exclude coverage for subsequent claims related to dog bites and attacks. So, if you have been bitten by a dog that is a repeat offender, your claim might be denied. Also, there could be language in a policy that excludes certain breeds of dogs, such as pit bulls or Rottweilers.

You might also run into some cases where coverage is limited in other ways. For instance, a homeowner’s policy might limit coverage for dog bites if the owner is away from their property or in a vehicle. If a dog bites you in a park or leans outside the window of a car to attack, there may be limited or no coverage at all. In the case of the vehicle, it’s possible that an auto insurance policy will cover the claim for injury.

If an animal’s owner has a pet that is a considered a dangerous breed or is one that has bitten someone in the past, they might have a pet insurance policy that is separate from their homeowner’s insurance. This policy could provide additional coverage for a dog bite or attack.

As you can see, there are several different types of insurance policies that might make payment in the event of a dog bite. Even if the dog bite is covered by insurance, there is still the matter of convincing the insurance company to honor their agreement and make payment for injury and damages. This often requires the assistance of an experienced and skilled South Carolina dog bite attorney.

South Carolina’s Dog Bite Law

The way that dog bites are handled varies by state. Some states have what is known as the “one-bite rule,” which means that a victim has to prove that the dog owner was aware that their animal was dangerous. This means the dog gets one excused bite before liability kicks in. Fortunately, this isn’t the case in South Carolina. South Carolina is a “strict liability” state, which means that the dog’s owner is liable for the animal’s behavior even if they had no idea that the dog might attack.

Dog bite law in South Carolina is covered under the South Carolina Code of Laws Section 47-3-110, which states that a dog’s owner is responsible for injuries inflicted by their animal if:

  • the injuries are caused by the dog biting or “attacking” another person,
  • the injured person was either in a public place or on private property with permission, and
  • the injured party didn’t do anything to provoke the animal.

If you’ve been bitten by a dog in South Carolina, you may be entitled to compensation for your injuries and other damages. If you feel that the dog and their owner are responsible for your injuries, it’s important to file a claim and seek legal representation quickly, as there is a time limit on these cases. Contact the South Carolina dog bite attorneys at Peake & Fowler at (502) 384-7400 or toll-free at (855) 598-7425 or online to discuss the specifics of your case.