When a dog bites someone—even just once—the associated losses can add up fast. If the victim needs medical attention, for example, they may accumulate all kinds of out-of-pocket expenses along the way, regardless of how comprehensive their health insurance is. And if they’re instructed to take it easy and recover at home? Well, then they also have to worry about losing paycheck after paycheck until they can reenter the workforce.
As if that weren’t stressful enough, there are non-economic damages to consider, as well. Animal attacks often leave victims scarred and disfigured, for example, which can change their lives for the worse.
Thankfully, dog owners can be held responsible for any such losses their pets cause. As long as the victim can prove the owner knew—or should have known—the animal had a propensity toward aggression, they can usually build a case against him or her. They probably won’t seek funds from the owner directly, however. Instead, they’ll likely file a third-party claim with his or her insurance carrier.
For homeowners insurance to cover dog bite-related damages, the victim must prove a few essential elements. First, they’ll have to convince the claims adjuster that they did not provoke the animal in any way. For example, they must not have been teasing the dog nor trespassing at the time of the attack.
Second, they’re going to have to show that the animal was dangerous. This typically requires proof of a prior incident.
If the dog had ever bitten someone else, the owner automatically assumed an obligation to take reasonable measures to prevent future attacks. Evidence that may help you demonstrate the owner knew the dog was dangerous includes surveillance system footage, documentation from the Humane Society regarding any mandatory quarantines, the victim’s medical records, the dog’s veterinary records, and eyewitness testimony.
The third element of every successful dog bite claim is negligence. The victim must show how the owner failed to restrain their dog adequately despite knowing its aggressive nature.
The fourth and final element the claimant must convince the insurance adjuster of is damages. They must have incurred actual, recoverable losses that they can quantify, or the carrier won’t issue a payout.
What If the Liable Party Does Not Have Homeowners Insurance?
If you were bit by a dog that belongs to someone who doesn’t have homeowners insurance, you’re not necessarily out of luck. If the attack occurred on public premises, for example, you might have grounds for a claim against the property owner. In that same vein, if the owner happens to be a tenant, it may be possible to bring a claim against their landlord.
The easiest way to determine how best to proceed is by seeking legal counsel. A knowledgeable personal injury attorney will evaluate the situation from all angles to determine who might be liable, so you can pursue every dollar you deserve.
Speak with a Houston Dog Bite Attorney
If you were bit by someone else’s dog, Chelsie King Garza, P.C. can help. For more than 18 years, attorney Chelsie has been devoted to helping injured parties seek justice. To schedule a free consultation with this Houston dog bite lawyer, call 713-819-8808 or submit her Contact Form.
