Who Let the Dogs Out?
By David S. Jones
Man's best friend is sinking his teeth into your home owner's insurance policy.
Dog bites now account for one-third of all home owner's insurance policy claims, costing roughly $310 million
annually, according to the Insurance Information Institute.
Dogs bite approximately 4.7 million people annually, resulting in an estimated 800,000 injuries. With 70% of the
bites occurring on the dog owner's property, it is important for home-dog owners to understand their potential
liability.
In fact, your dog doesn't actually have to bite someone for you to be sued.
A Harlingen man riding a bicycle was injured when a dog darted in front of him. The man thought the dog was
attacking, lost control and fell. His knee required complete replacement. Although the facts revealed that the dog
was friendly and had neither attacked or bitten the man, a jury awarded him $1.8 million.
In the Harlingen case, liability was split between the dog owner and the home owners' association. By not enforc-
ing their leash laws, the home owners' association contributed to the plaintiff's injuries, the court said.
"As a general rule, a dog owner's knowledge of the animal's viciousness or vicious propensity is a prerequisite for
liability," says Judon Fambrough, attorney and senior lecturer for the Real Estate Center at Texas A&M University.
"Dogs may run at large unless there is a local ordinance to the contrary. It was once commonly assumed that 'every
dog has a free bite,' but the Harlingen case shows that is not always true. "
The law divides animals into two classes, wild and domestic. Owners of wild animals are presumed to know of the
animals' vicious propensity. They have no free bites. The owner is strictly liable for the animal's behavior.
Owners of domestic animals are not presumed to know of the animals' vicious propensity until the animal proves
otherwise. Then strict liability arises.
Since 1974, strict liability has been the only grounds for recovery against dog owners. Strict liability requires the
plaintiff prove that the animal has a vicious or dangerous propensity, that the owner or keeper knew the dog has a
vicious nature and that the injury or damage resulted from the animal's viciousness.
In May 1974, a Texas case introduced new grounds for recovery based on negligence where the animal had no
history of vicious propensity.
While making a delivery, a mail carrier was startled by a large dog. The alarmed carrier stepped back, tripped and hit
his head. The dog never attacked and had not demonstrated any vicious behavior. Still, the carrier sued the owner.
The Houston Court of Appeals ruled that "an owner of a dog may be liable for injuries caused by a dog even if the
animal is not vicious, if the plaintiff can prove that the owner's negligent handling of the animal caused the animal to
injure the plaintiff."
Liability also exists when animals tresspass and damage property. If a land owner proves your dog trespassed, the
land owner may recover for all injuries incurred thereafter. Texas law has permitted recoveries for high-grade cows
being bred by a common-stock bull, dogs killing and injuring a neighbor's sheep and intruding cattle eating grass
and feed of a land owner's livestock.
Texas statutory law has rules for the treatment of dogs and the liability of dog owners.
Among other things, the law authorizes the sheriff to seize and destroy a dog that caused a person's death, even
though the dead person provoked the attack on the owner's property.
Texas law prohibits anyone from letting a dog run at large if the owner or keeper knows it has harassed or killed
other animals.
Owners may be fined $100 per violation.
Texas law also authorizes a county-by-county vote for the registration and regulation of dogs. If the referendum
passes, an annual registration fee of $1 per dog is used to defray costs and to reimburse owners of animals killed by
unregistered dogs.
If your dog makes an unprovoked attack on someone outside the dog's enclosure, you must register the dog, restrain
the dog at all times and obtain at least $100,000 of liability insurance to cover future damages caused by the dog.
This could be in the form of home owner's insurance.
After that, if your dog makes an unprovoked attack on a person outside the secure enclosure, you may be charged
with a Class C misdemeanor. If the dog does serious bodily harm, you may face a Class A misdemeanor. Also, your
dog may be destroyed, and the court may impose a civil penalty of not more than $10,000. Of course, you are liable
to the person injured in the attack.
For more information, go to the Real Estate Center website at http://recenter.tamu.edu and download publication
1042, "Texas Landowners Liability for Domestic Animals. "
A 24-page report on Understanding the Texas Homeowner's Insurance Policy (number 883) also may be downloaded
for free. Printed copies of these publications are available for a small fee by calling (800) 244-2144.
RISMEDIA welcomes your questions and comments. Send your e-mail to: editorial@rismedia.com.