Los Gatos Weekly-Times

Homes

Homeowners need to be aware of pet liabilities

By Rose Meily

There are 65 million pet dogs in the United States; 39 percent of households own a dog.

Just how important are our pets? One need only recall the heart-wrenching scenes of Hurricane Katrina victims lamenting separation from their pets. Many risked their own safety and refused to leave their homes when their beloved animals could not also be rescued. Even President Bush acknowledged he would grab his terrier, Barney, first in the event of a disaster.

On the downside, our pets can sometimes wreak havoc in our homes and neighborhoods. In fact, the numbers are up, and it's not good news. According to the Centers for Disease Control and Prevention, more than 4.7 million people are bitten by dogs every year, resulting in an estimated 800,000 injuries that require medical attention. With more than 50 percent of the bites occurring on the dog owner's property, the issue is a major source of concern for insurers.

In 2005, dog bites cost insurers $317.2 million. Dog bites account for one-third of homeowner insurance claims nationally.

Jeff Sundquist of Farmers Insurance Agency mentioned a dog bite claim he had last year, involving $1 million. "It's a serious issue, which owners need to be aware of," said Sundquist.

Those injured usually have the law on their side. Sundquist noted, most states, like California, impose strict liability on the dog owner when the dog bites a person.

"Pets and children come under what we term 'absolute liability,' in which owners are responsible for the behavior of their pets," said Sundquist.

And it's a one-shot deal, according to Sundquist. Farmers Insurance Group has a no-tolerance policy for bites.

Emily Cohen, an agent with State Farm Insurance, said State Farm welcomes all dogs, except those with a history of biting. "Some questions we ask homeowners are whether or not their pet has had a previous incident of aggressive behavior, or whether the dog has bitten, or been trained to attack or is used for guarding purposes," she said.

Sundquist said the issue has become serious enough that many insurers are taking steps to limit their exposure to such losses. Some companies require dog owners to sign liability waivers for dog bites, while others charge more for owners of biting breeds such as pit bulls and Rottweilers, and others are not offering insurance to dog owners at all. Some will cover a pet if the owner takes the dog to classes aimed at modifying its behavior, or if the dog is restrained with a muzzle, chain or cage. The Centers for Disease Control and Prevention have listed pit bulls, Rottweilers, German shepherds, huskies, Alaskan malamutes, Doberman pinschers, chows, Great Danes, St. Bernards and Akitas as the breeds of dogs most likely to attack.

Sundquist and Cohen, who are both affiliates of the Silicon Valley Association of Realtors, suggest it's better to avoid injuries rather than fight about legal liability after it has happened.

Here are preventive tips to avoid liability for dog owners:

1. Know your dog's history, especially if the dog came from an animal shelter. Some dogs may have been abused by a past owner and may exhibit aggressive tendencies.

2. Be a responsible pet owner and spay or neuter your dog. Unsterilized dogs are three times more likely to bite, according to the Humane Society of the United States.

3. Enroll your dog in basic obedience classes, which are a good way to teach your dog to behave around other dogs and people.

4. Never let your dog run at large. In some states, you're automatically liable for any injury your dog causes while it is at large.

5. Keep your dog's vaccinations current. Rabies vaccinations are required by law. If your dog bites someone, the authorities will view it a lot more seriously if the dog hasn't had a recent rabies shot.

6. Keep the dog out of strangers' paths. Lots of people--mail carriers, salespeople, poll-takers, Girl Scouts--routinely come to your front door. Keep the dog away from it. A fenced front yard isn't good enough; most people will open a gate and walk on up to the door.

7. Post warning signs. If you have any reason to think that your dog might injure someone coming onto your property, post "Beware of Dog" signs prominently. Remember that young children can't read, so if you think children might still be at risk, put a lock on the gate.