When you live in a rental home or apartment, you may be exposed to other people’s pets. The risk of getting hurt is always there, but does renters’ insurance cover dog bites? Dogs are considered an extension of the owner’s home, and their insurance policy generally allows claims when their animal hurts you.
In this post, our Connecticut dog bite lawyer discusses what you need to know about filing a claim against the owner’s renter’s insurance or pursuing a lawsuit to secure compensation.
Renters’ Insurance Covers Dog Bites Under Premises Liability Law
You can file a claim against the owner’s renters’ insurance because the dog was a hazard that hurt you. Under Connecticut premises liability laws, all property owners must keep their homes or businesses free of potential risks to others. If they don’t take action to prevent harm, they can be held liable for injuries. Although the dog is a living creature, it’s treated like a part of the owner’s home.
For the purposes of a dog bite, you have the right to file a claim for your injuries and medical bills, along with other expenses, such as your pain and suffering. How much an insurance policy will pay depends on the individual company and the dog owner’s claim history. If the dog bit other people in the past, the owner may have lost their coverage, leaving you with fewer options.
Fortunately, you could still file a personal injury lawsuit if the insurance limit isn’t high enough or the owner doesn’t have coverage. To do so, you will need to provide evidence showing how the owner was negligent in keeping the dog from hurting you. Your dog bite attorney can help you collect material and prepare your case.
What If the Dog’s Owner Doesn’t Have Renters’ Insurance?
It’s difficult to imagine, but some people choose not to buy insurance to cover their personal belongings when they rent. If you’re bitten by a dog whose owner doesn’t have coverage, you may be able to file an insurance claim against the landlord’s policy. If they allow dogs on the property, it represents a hazard under premises liability.
The same can be true if the dog hurts you at a groomer, in a public park, or at a retail establishment. These cases are complicated, but if you can compile enough evidence, you may have a valid claim. For places like public parks, you may have more challenges since you are trying to sue a government entity, and your lawyer can advise you if this is possible.
Another option is to move directly to a personal injury lawsuit against the dog owner. You can use your personal health insurance to pay for your medical care and receive reimbursement from the owner when your case settles. A lawsuit may be the first course of action if the owner’s policy doesn’t pay much for dog bites or if you have very high recovery and treatment costs.
Other Connecticut Laws Governing Dog Bites
Under Connecticut General Statutes (CGS) § 22-357, dog owners are considered financially liable for any harm their pet causes to others. This includes any place you get hurt, such as on the owner’s property or any public place. For example, if you are walking in a local park and the dog attacks you as you are walking, the owner’s renters’ insurance should pay for your bills.
Dog Attacks Involving Other Pets and Livestock
You can also take legal action under CSG § 22-355, which allows you to seek compensation when someone else’s dog hurts your chickens, sheep, pets, or livestock. Suppose a neighbor’s dog in your apartment complex breaks into your enclosed patio and severely injures your cat. You could file a claim for your pet’s veterinary bills, as well as your personal emotional distress.
Strict Liabiility in Dog Attack Cases
Some states have a “one-bite rule” that allows owners to escape responsibility the first time their pet bites someone. Connecticut is not one of those states, and follows the legal doctrine of strict liability, even if there are multiple parties at fault. If the dog escapes from a grooming or kennel facility, you may have a case against the owner and the business.
Comparative Negligence in a Dog Attack Case
One law that could complicate your case is the one addressing comparative negligence. If the dog’s owner can show that you were provoking or tormenting the dog prior to your bite injury, they may be able to put a greater percentage of blame on you. Under state law, you can’t seek compensation from the owner if you are more than 50% at fault. Your dog bite lawyer will work hard to minimize your responsibility if this is the case.
Some Dog Owners May Face Criminal Charges After Their Dog Bites You
Connecticut requires that all dog owners keep their animals from roaming loose, under CSG § 22-364. If they let their dog roam free and it bites you, the state can charge the owner up to $1,000 in fines and imprison them for up to 6 months.
The owner can also see criminal charges if they know the dog is a bite risk or has hurt others in the past. These are deemed “dangerous dogs,” and you may also be able to file a claim against the owner’s landlord if they knew about the dog’s history. If the landlord allowed the dog to remain, they could also face criminal responsibility.
What You Should Do After a Dog Bite
As soon as possible, get to safety and get medical attention, asking someone to help you if you’re unable to do so. If the bite is minor, wash your hands, clean the wound with soap and water, apply antibiotic ointment, and apply a bandage. If the bite is more severe or you have other injuries, call 911 or get to a hospital.
You should also take pictures of your bite, the dog, and the owner. Ask the owner and any witnesses for their contact information. Once you are medically stable, contact a dog bite lawyer to discuss your next steps. Keep a copy of all your records and medical tests in case you’re able to file a claim.
See your doctor for a full evaluation and to prevent bacterial infection, tetanus, or rabies. Partner with a lawyer who understands dog bite cases. They can interview witnesses, begin negotiations with the owner’s insurance company, and start gathering additional evidence.
Finally, you should report the bite, with details about what happened and the owner’s name, to your local police. You can also notify Connecticut Animal Control, which may take action to remove the dog if it has a history of attacking people.
Common Injuries Associated With Dog Bites
The American Kennel Club reports that dogs may bite a person for any number of reasons, including fear, overstimulation, teasing, or just mistaking your hand for a toy. Puppies are especially prone to nipping and biting while playing, and even though they are young, it doesn’t mean you can’t end up with serious injuries.
Beyond a simple bite, you could suffer the following medical issues after a dog attack:
- Torn muscles, nerves, ligaments, or tendons
- Bone damage from the dog’s teeth
- Broken or crushed bones in your hand or foot
- Skin removal from a hand or foot (degloving)
- Dismemberment, including a child’s arms or legs
- Traumatic brain injury if the dog knocks you down
- Severe facial damage
- Internal bleeding
- Broken hip or ribs during a fall
- Infection and sepsis
Your dog bite attorney can help you gather documentation demonstrating the severity of your injuries. They can also help you account for the impact of developing PTSD, anxiety, depression, and isolating yourself if you become disfigured. Dog bites can cause catastrophic damage to children, small adults, and fragile people, significantly altering the length of their lives.
The Renters’ Insurance Claim Process for a Dog Bite
According to Dog Bite Studies, nearly 1,000 people need emergency medical care after a dog bite, so you’re not alone if you’ve been hurt. You can file your own claim against the owner’s renters’ insurance or ask your dog bite attorney to do it for you. The steps are:
Collect Evidence
In addition to photos taken immediately following the bite, you should continue to photograph the injury and document your recovery. This is especially important if your condition gets worse instead of better. You’ll also need copies of your medical records, including any treatment from first responders if you called 911.
Your attorney can help you gather witness statements, video from any security cameras, and expert testimony on the bite. You should also ask to speak with the dog’s veterinarian to determine whether the animal is current with its shots. If not, this can demonstrate the owner’s negligence in keeping the dog healthy and at a lower risk of causing harm to people.
Review the Submission Process
Every renters’ insurance policy will be different, so you and your lawyer should closely examine both the company’s process and the dog owner’s policy details. If you discover the owner’s policy doesn’t cover dog bites, you can move forward with a personal injury lawsuit.
Submit Your Claim
Whether by phone, online, or in person, submit your claim form and supporting evidence to the insurance company. Connecticut requires providers to notify you of their decision on the claim within 15 business days after receiving any additional information they request.
Negotiate a Settlement
Many insurance companies focus on keeping their profits high, which means they may try to pay you less than you require. You can allow your lawyer to manage these stressful conversations for you and negotiate a fair settlement. The first offer may be much too low, and your attorney can advise you when they feel the company makes a more satisfactory one.
Insurance adjusters count on you knowing less about the policy and industry than they do, so they may engage in bad faith tactics, which are illegal under Connecticut law. If you find the company has intentionally misled or lied to you, you can file a separate lawsuit against it.
Prepare for Court if You Can’t Reach a Settlement
Your attorney should make every effort to reach a satisfactory compromise as soon as possible, but there sometimes comes a point where the negotiations stall. To encourage insurance companies to make a better offer, your lawyer may file paperwork for a lawsuit during negotiations.
Doing so also prevents you from losing your chance to file legal action under the Connecticut statute of limitations. Settlement discussions can take weeks, but you only have two years to file your lawsuit. Fortunately, you can continue to negotiate even after the trial begins, right up until the case goes to the jury.
Choose Tehrani Law Group After a Dog Bite in Connecticut
Whether the dog that bit you is a friend’s, a neighbor’s, or a company’s security animal, you have the right to seek compensation through renters’ or other insurance policies. When those avenues fail, you can file a personal injury lawsuit and take them to court. If a loved one dies from a dog bite, you may need to file a wrongful death claim against the owner.
Take action to get justice by scheduling a free legal consultation with personal injury attorney Payman Tehrani. We are there to help you through difficult times with honesty, compassion, and experience.