Elements of Dog Bite Law

    The insurance coverage that generally provides for dog bite claims is usually a homeowner’s personal liability policy. It provides for coverage in the event the homeowner become personally liable for an injury on or off the insured property. When and if coverage applies takes into account several factors.
Where the Attack Happened
    Determining where the attack happened and the injured person’s status at the time of the attack is an important factor. Dog bite laws are generally based on the concept of premises liability; a person has to make their land safe to a certain degree based on the people that go on to their property. There are three broad descriptions that can be used to define a person’s status on property, trespasser, licensee, and invitee.
Trespasser
    This status is familiar to most. When a person does not have permission to be on a piece of property they are a trespasser. The property owner generally owes them no duty to make their property safe for the trespasser. The only duty owed by the property owner to the trespasser is that the property owner did not make the property more dangerous than in naturally was, i.e. traps.
Licensee
    This would best be described as a social guest to a private home. The homeowner has a duty to remedy, remove or warn of any dangerous condition that the homeowner actually is aware of. This could be a dangerous dog. The law has recently changed regarding what kind of notice the homeowner must have regarding their dog’s dangerous nature; see The First Bite is Not Free.
Invitee
    An invitee is best described as the patron of a business. The business owner is expecting a patron’s presence on their property to be in the business owner’s interest so they have a higher duty to their guests. The business owner is also expected to remedy, warn, or remove any dangerous conditions on their property, however they are expected to actually look for dangerous conditions to make the premises as safe as possible. An injured party need only show that the property owner knew, or should have known, of the dangerous condition.
Who Owns The Dog?
    This may seem like common sense but it is a question that needs to be addressed. Also the question of who had control of the animal. A person can be negligent in allowing an animal they are responsible for to hurt someone.
Medical Payment Provisions
    Homeowners’ personal liability policies usually contain “Med Pay” provisions. Med Pay is short for medical payment coverage and many people are unfamiliar with it and how it works. Med Pay exists to pay the medical bills of people who are hurt on another’s property, typically regardless of fault. It is often capped at a specific dollar amount, like $5,000.00 and is designed to only provide coverage for medical bills, it does not consider pain and suffering. An insurer will often offer the medical payments coverage while at the same time deny the homeowner’s liability for an injury.
Health Insurance?
    Missouri has a unique system of laws governing how health insurance is applied to injury claims and the insurer’s rights to a portion of your claim. If you are unsure if you should use your health insurance to pay your medical bills related to a dog bite feel free to contact my office for a no-cost consultation.