The unofficial creed of the United States Postal Service (USPS) is “neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.” However, that doesn’t mention dog bites. According to the USPS, Louisiana is in the top 25 states with the highest number of dog attacks on postal workers.
Of course, you don’t have to deliver the mail to get bitten by a dog. If that happens, you might wonder if homeowners’ insurance pays compensation for dog bites.
The short answer is “yes,” most general homeowners’ insurance policies will provide reimbursement for the costs associated with a dog bite, but there are exceptions. Just because these canine attacks are accounted for in the policy terms doesn’t automatically mean there will be a payout by the insurance company. If you have been bitten by a dog, there are specific steps you need to take to receive any kind of compensation from a homeowners’ policy.
Proving Liability in Louisiana Dog Bite Incident
It might seem that proving liability in a dog bite case will be easy if the dog that bites you is running loose. Owning a canine means taking responsibility for that pet. According to the Louisiana leash laws, owners are not allowed to let their dogs run off-leash outside of any unclosed property. However, just because an off-leash dog was responsible for biting you doesn’t always mean that you have a “slam dunk” case.
As with other types of claim filings, insurance companies will look for alternative theories that can allow them to deny compensation to the victim of a dog attack any chance they get. This is why it will help to line up support from attorneys who have experience with this type of injury. The lawyers working at Bianca | Matkins are well-versed in all aspects of dog bite cases, including proving liability.
An insurance carrier might be compelled to pay a remedy for a biting incident if the policy owner can be shown to have been doing one of the following:
- Walking the dog outside of the home without a leash
- Taking a dog in public with a proven history of attacks or biting people
- Not enclosing their yard
- Not putting up a “beware of the dog” sign when they know their dog is dangerous
- Allowing their dog to go off-leash on a jogging or bike trail
There are additional issues that can impact dog owners’ liability, such as owning what is recognized as a dangerous dog. That would be a dog that has had biting incidents in the past and is known by the owner to be aggressive. There is also the issue of breeds. There are certain canine species with a track record of violent behavior. The following types of dogs could be excluded from a homeowners’ policy:
- Akitas
- Alaskan Malamutes
- Any wolf breed
- Chows
- Doberman pinschers
- German shepherds
- Great Danes
- Pit bulls
- Rottweillers
- Siberian Huskies
- Staffordshire terriers
Homeowners who want to own those breeds could obtain insurance with certified training. They might also forgo having insurance coverage altogether in favor of their dog.
Provocation Loophole
When you file a claim against a homeowners’ policy, the insurance carrier might try to use provocation as an excuse. For instance, if you come onto a person’s property uninvited and are bitten by a dog, that would be considered a provocation. If the owner walks their dog on a leash and warns you off, but you still approach, you may be deemed to be the one who was negligent.
However, as your attorney will point out, that is not always a viable option. Just because you approach a dog to give it a pet doesn’t mean you are provoking that animal. That especially holds true for children. You can bolster your claim by providing some of the following documents:
- Witness testimonies
- Photos and videos of the scene
- The dog owner’s deposition
- A police report
In Louisiana, you must report any dog bite within 24 hours of the incident. If there is no proof of a rabies vaccination, the dog will go into an automatic 10-day quarantine.
When an insurance company believes their policy owner is not at fault for an attack, you might need to move on to filing a lawsuit against the dog owner and the insurance carrier. That is where the services of an experienced attorney can be of great assistance to you.
Possible Damages
A dog bite case is a personal injury one. You may be entitled to ask the owner’s homeowners’ insurance carrier to cover medical costs and lost wages you sustained due to the attack. There might also be emotional distress as well as pain and suffering that you can recover compensation for. It is widespread for dog bite victims to develop a fear of the animal. That is the kind of ongoing trauma that there should be a remedy for.
If your incident doesn’t meet the standards for reimbursement from an insurance company, you could still find a remedy with the support of an experienced attorney. Just remember, you only have a year from the date of the bite to file a lawsuit. In other words, don’t wait for the wound to heal before you file.
Considering the frequency with which these incidents occur, the attorneys at Bianca | Matkins are very familiar with dog bite cases. If you or a loved one finds yourself the victim of this type of attack, you can contact our team to discuss what happened. We can advise you of the best course of action. Call to set up that consultation today.
