Frequently Asked Questions about Animal Bites

Frequently Asked Questions about Animal Bites

Q: What types of behaviors can be offered to show an animal has dangerous or vicious propensities?

A: There are several behaviors that may serve as evidence of an animal's dangerous propensities, including whether the animal bit or attacked someone previously, if the owner posted warnings or issued verbal warnings about the animal, if the animal jumped, chased or snipped at others in the past and whether the owner kept the animal confined or muzzled.

Q: What types of damages are available to victims of animal bites?

A: In general, the types of damages that can be expected include medical expenses, both current and future, pain and suffering and lost wages. However, the specific types of damages available in your animal bite case will depend on the laws of your jurisdiction and the facts of your case.

Q: If I am bitten by a dog and my state doesn't have a dog bite statute, what do I have to prove to recover compensation for my injuries?

A: Absent a dog bite statute, you will need to prove that the dog owner knew or had reason to know that his or her animal had dangerous propensities. "Dangerous propensities" means that the dog exhibited behavior or other characteristics that would lead a reasonable person to believe the animal could harm a person, whether accidentally or on purpose. The obvious example is if your dog has bitten or injured someone previously. But even innocent activities like playfully chasing or jumping on people can be used as evidence of dangerous propensities.

Q: Do all homeowner's insurance policies cover damage or injury caused by domestic animals?

A: Not all homeowner's insurance policies will cover dog bites. Increasingly, insurance policies restrict the breed of dog they will cover to exclude certain dogs, like Pit Bulls. Also, some policies now explicitly refuse to cover injuries caused by any household pet. You will want to refer to the specific language of the insurance policy and speak with an insurance agent to find out if animal bites are covered occurrences.

Q: If I post a "Beware of Dog" sign in my yard, does this protect me from liability if my dog bites someone on my property?

A: Not necessarily. The sign must be posted in a visible place where a reasonable person could see it. It cannot be difficult to read or hidden by foliage. But even with a sign posted, if you invite someone on your property - whether it is a friend visiting or a contractor coming to do work - and your dog hurts them, you still may be liable. When you invite someone on to your property, you owe them a duty to warn of known dangers, which can include your pet.

Q: Can a landlord be responsible if a tenant's pet bites someone?

A: The general rule is that a landlord is not liable to third persons who are attacked by a dog or other animal owned by a tenant on the leased premises. However, the landlord may be liable if it can be shown that 1) the landlord knew the tenant kept the animal on the leased premises; 2) the landlord knew the animal had dangerous propensities; and 3) the landlord maintained some level of control over the premises and could have had the animal removed from the property or otherwise confined.

Q: What type of liability are owners of wild animals exposed to for injury or loss caused by those animals?

A: Wild animals are considered to be dangerous and unpredictable by their very nature. Under the majority rule, those who choose to keep wild animals do so at their own risk and are held to a standard of absolute liability for any injury or damage those animals may cause. This means that even if the owner had no knowledge of the animal's dangerous propensities, kept the wild animal confined and took every reasonable measure to protect the public from harm, the owner still will be liable for any injury caused by the wild animal. In jurisdictions that do not impose absolute liability, the injured party must show the owner acted negligently in keeping the wild animal in order to receive compensation for his or her injuries.

Q: Are zoos liable for injuries caused by zoo animals?

A: Possibly. The majority of states do not impose absolute liability on zoos owned and maintained by local, city or state governments. Rather, someone injured at a zoo must be able to prove negligence on part of the zoo. Some jurisdictions, however, impose absolute liability on zoos if it is deemed that maintaining the zoo is a private and not government function.

Q: What defenses are available to defendants in animal bite or injury cases?

A: Defendants may claim several defenses, including that the plaintiff assumed the risk, acted negligently or provoked the animal into biting. Trespassing is another defense that may be asserted. In some jurisdictions, trespassing is an absolute defense, meaning if it can be shown the plaintiff was trespassing on private property at the time of the attack, the plaintiff is barred from recovery. In other jurisdictions, however, trespassing may not be a defense to an animal bite. An attorney can discuss all of the possible defenses that may be used and help you prepare your case accordingly.

Q: What sources of compensation are available?

A: If the owner had an animal insurance policy or if the animal was covered under a homeowner's or auto insurance policy, you may receive proceeds from the insurer. If the animal that attacked you was property of the state or a governmental agency, like a police dog, you may be able to receive compensation from the appropriate government agency. If no insurance policy applies, then the owner must pay you out-of-pocket for your damages.

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