Does Insurance Cover Dog Bites in San Diego?
If you have been bitten by a dog in San Diego, you may be wondering what your legal recourse is, do you have a legal claim against the dog owner? Who will pay for your damages? Does insurance cover dog bites in San Diego?
Typically, the dog owner’s homeowners or renters insurance will cover your medical expenses and other damages. If the owner does not have insurance, you will still have a legal claim for damages against the dog owner, however, it may be more difficult to collect your damages.
The answer to these questions depends on several factors, including the specifics of the insurance policy, the circumstances of the incident, and California’s strict liability laws regarding dog bites.
Homeowners Insurance
In California, homeowners’ and renters’ insurance policies often include liability coverage that may extend to incidents involving dog bites. This means if a dog bites or otherwise injures someone, whether on the property or not, the homeowner’s insurance could cover medical bills, lost wages, and other non-economic damages that are typically recoverable in a personal injury action. However, there are important considerations:
- Breed Restrictions: Many insurers exclude coverage for bites from certain breeds deemed high-risk, such as pit bulls, Rottweilers, and Dobermans. If the dog involved is of a restricted breed, the homeowner’s policy might not provide coverage.
- Prior Bite History: Some policies exclude coverage if the dog has a history of biting or aggressive behavior. If the dog has previously bitten someone, the insurer may deny the claim.
- Off-Property Incidents: Homeowners insurance may also cover dog bites that occur off the property, such as at a park, under the personal liability section of the policy .
Renters Insurance
Renters insurance policies in California can also provide liability coverage for dog bites. However, there are some nuances:
- Opt-In Coverage: Not all renters insurance policies automatically include dog bite liability. Some tenants may need to add this coverage as an endorsement or rider to their policy .
- Breed Exclusions: Similar to homeowners insurance, renters insurance may exclude coverage for bites from certain dog breeds considered high-risk .
- Policy Limits: Renters insurance policies typically have lower liability limits compared to homeowners’ insurance, which might not fully cover extensive medical expenses resulting from a serious dog bite .
California’s Strict Liability Law
California law holds dog owners strictly liable for injuries caused by their dogs, regardless of the dog’s prior behavior or the owner’s knowledge of its aggressiveness. What does “strict liability” mean? In basic terms, it means that if you are bitten by a dog, you do not need to prove the owner was negligent – if a bite occurs the owner is liable – period.
Under Civil Code Section 3342, a dog owner is responsible for injuries inflicted by their dog, even if the dog has never shown signs of aggression before. This means that if you are bitten by a dog in San Diego, you may not need to prove the owner was negligent to seek compensation.
Beyond being bitten, sometimes dogs injure people without biting them. For example, escaping from a property or being unleashed in public and knocking someone over. In these cases, you may still need to prove negligence. However, insurance coverage will likely still exist.
Steps to Take
If you have been bitten by a dog, consider the following steps:
- Seek Medical Attention: Prompt medical care is crucial to address any injuries and prevent infection.
- Report the Incident: Notify local animal control or the San Diego County Department of Animal Services. Reporting helps ensure the dog is properly evaluated and monitored.
- Gather Information: Obtain the dog owner’s contact details and insurance information. If the dog was a tenant’s pet, ask for the landlord’s contact information as well.
- Document the Incident: Take photographs of your injuries and the location where the bite occurred. This documentation can be valuable for insurance claims or legal proceedings.
- Consult Jassim Law, an Experienced Personal Injury Lawyer: If the insurance coverage is insufficient or if the dog owner is uninsured, consulting with a personal injury attorney experienced in dog bite cases can help you understand your legal options and potential for compensation.
Final Thoughts | Does Insurance Cover Dog Bites in San Diego?
While homeowners’ and renters’ insurance in San Diego may cover dog bites, coverage is not guaranteed and depends on various factors, including policy specifics and breed restrictions. It is essential for dog owners to review their insurance policies to understand the extent of their coverage and for victims to take appropriate steps to protect their health and legal rights after an incident.
Another point to remember – dogs are animals, they are not humans – they are not responsible for their conduct/behavior and are expected to behave like dogs, i.e., running, chasing, jumping, and even sometimes biting. The owner of the dog is always responsible for the conduct of the animal. Bringing a legal claim for a dog bite or injury is not aimed at punishing the animal but instead holding the owner responsible for their own conduct in being irresponsible in the management and control of their dog, which resulted in your injury.
If you need assistance navigating insurance claims or understanding your legal options after a dog bite, consider reaching out to a qualified attorney who can provide guidance tailored to your situation.
Act Now! Contact Jassim Law if you have Been Bitten by a Dog
If you have suffered a dog bite injury in San Diego, do not delay in seeking legal counsel. Jassim Law offers free consultations to evaluate your case and discuss your options.
With their experienced team on your side, you can focus on healing while they focus on fighting for the justice and compensation you deserve. Contact Jassim Law today for a free consultation and let us help you get back on the road to recovery.
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