dogs and homeowners

[jahuber]

What is the name of your state? WI

my husband and i have an accepted offer on a house we would like to purchase. no insurance company will insure us unless we get rid of one of our dogs, who an acquaintance failed to hook up properly to his leash this summer, the dog broke free and a neighbor punched him in the head, the dog bite him in the arm once and ran away. we were told even if we surrender the dog or give him to a friend, if he ever bites someone again, the person bitten can still hold us liable and get double damages. therefore, we have been told that really our only recourse is to have the dog put down. he is a valuable member of our family, a sweet and kind dog that only bit because he was provoked. our renter's insurance dropped us because of the bite claim. we are heartbroken at the idea of putting our dog down and want to know if we have any legal recourse.

our dog is a mix with boxer and maybe pit bull, neutered, attended TWO manners classes at the humane society from which he was adopted prior to the bite, and nows wears a muzzle for our piece of mind and protection whenever he is outside, which we showed our renter's insurance investigator, who made note of it. this is not a mean animal... please help soon!

 

[Souix]

What is the name of your state? WI

my husband and i have an accepted offer on a house we would like to purchase. no insurance company will insure us unless we get rid of one of our dogs, who an acquaintance failed to hook up properly to his leash this summer, the dog broke free and a neighbor punched him in the head, the dog bite him in the arm once and ran away. we were told even if we surrender the dog or give him to a friend, if he ever bites someone again, the person bitten can still hold us liable and get double damages. therefore, we have been told that really our only recourse is to have the dog put down. he is a valuable member of our family, a sweet and kind dog that only bit because he was provoked. our renter's insurance dropped us because of the bite claim. we are heartbroken at the idea of putting our dog down and want to know if we have any legal recourse.

our dog is a mix with boxer and maybe pit bull, neutered, attended TWO manners classes at the humane society from which he was adopted prior to the bite, and nows wears a muzzle for our piece of mind and protection whenever he is outside, which we showed our renter's insurance investigator, who made note of it. this is not a mean animal... please help soon!

Give the dog to a friend for awhile so you can get your insurance.

 

[jahuber]

we thought of that option but still the whole liability issue applies, and we were warned that if it was ever discovered that we gave the dog away for a while, we stand to have a lot to lose, as homeowners could drop us and then we would be back where we started from...

 

[Souix]

we thought of that option but still the whole liability issue applies, and we were warned that if it was ever discovered that we gave the dog away for a while, we stand to have a lot to lose, as homeowners could drop us and then we would be back where we started from...

Who is telling you to put the dog down?

I would think there must be an insurance company on the face of this earth that would insure you. Either your rates would increase or your deductible would increase. Can you show that the dog would be kenneled 24/7? I am a dog lover, so I would definately fight this tooth and nail, and if you were my client I would have this problem solved in a heartbeat. How about a Bill of Sale that you sold the dog to someone?

 

[jahuber]

pretty much every one is telling us to put the dog down... our humane society (where we got him) told us they recently had to put down 2 different dogs because no one could get insurance to cover them if they adopted them, and one of their own employees who was in a similar situation as ours had to put down her dog, because it had behavior problems yet had never bitten, and no one would insure her either...

 

[Souix]

pretty much every one is telling us to put the dog down... our humane society (where we got him) told us they recently had to put down 2 different dogs because no one could get insurance to cover them if they adopted them, and one of their own employees who was in a similar situation as ours had to put down her dog, because it had behavior problems yet had never bitten, and no one would insure her either...

Oh so its not the insurance companies telling you to put the dog down. Do the insurance companies have a suggestion on what they will accept without putting the dog down?

 

[jahuber]

well, some insurance places recommended putting him down... others recommended giving him away, but then we are still liable, according to what they told us, even if he is given away, if he EVER bites again... the victim can get us for it and at double damages... that would ruin us financially... that's why everyone is recommending putting him down... others have recommended getting canine liability insurance, but it is difficult to get IF you can get it and VERY expensive...

 

[Souix]

well, some insurance places recommended putting him down... others recommended giving him away, but then we are still liable, according to what they told us, even if he is given away, if he EVER bites again... the victim can get us for it and at double damages... that would ruin us financially... that's why everyone is recommending putting him down... others have recommended getting canine liability insurance, but it is difficult to get IF you can get it and VERY expensive...

Have you check into that insurance? What sort of legal recourse are you seeking?

 

[jahuber]

we have and it isn't looking good because these companies only write a certain number of policies a year, and most are telling us that they have written their quota for the year... legally we want to know if these insurance companies can deny us, and what other options we may have...

 

[Souix]

we have and it isn't looking good because these companies only write a certain number of policies a year, and most are telling us that they have written their quota for the year... legally we want to know if these insurance companies can deny us, and what other options we may have...

Are you getting a loan for the purchase? If so, then you will need hazard insurance. Lenders will not lend money without it. Does this problem fall under Hazard Insurance and if so, does your lender have a suggestion on alternatives? I would think a Bill of Sale of the dog would take care of the issue.

Insurance companies do have a right to decline coverage.

 

[tammy8]

Chances are a dog that has bitten will bite again. This is a story that was in our local paper this morning. SAD SAD SAD!!!!

CONOVER - The 10-year-old girl attacked by a Rottweiler on Wednesday in Conover was hospitalized Thursday in stable condition, police said.

Meanwhile, the dog sits in Catawba County Animal Control, awaiting its fate during a 10-day quarantine period. A final report on the incident is to be completed today. Records reveal this is not the first time the Rottweiler has attacked.

According to reports filed by Catawba County Animal Control, the dog was involved in attacks on April 22 and Nov. 3, 2002. But in both cases, the reports state, the victims were on the property of R P, the dog's owner.

About 5 p.m. Wednesday, LFJ was attacked by the dog as she played in a relative's back yard. The girl suffered injuries severe enough to require emergency surgery at Catawba Valley Medical Center in Hickory.

She was listed in stable condition Thursday, according to a news release issued by the Conover Police Department. Sgt. JL said the family told him L would be hospitalized for several days, due to the extent of the injuries and the surgery to repair damage to her arms and head.

According to animal control reports on the prior incidents:

• On April 22, a meter reader, CSl, approached the house to collect a gas bill when he was attacked. In that case, the dog was current on its rabies shots, was quarantined for 10 days and released to the owner.

• On Nov. 3, a neighbor, ZH, was playing football in his back yard when the ball landed in P's yard. The report said when Hs went to retrieve the ball, he was bitten.

Again, the dog was quarantined for 10 days and released to the owner.

B said as long as the dog was on its own property, P was within the law. H said Thursday the ball was not in P's yard, and the Rottweiler went through the invisible fencing. The report says otherwise, based on Hs' statement.

“In those cases, the Rottweiler was not on anyone else's property, and was returned to P after 10 days, as the law says we must do,” said DBl, attorney for Catawba County.

B said the dog was current on its rabies vaccinations both times. The dog was not determined to be dangerous in either incident.

However, the incident Wednesday took place on someone else's property, based on the preliminary report. The severity of the attack also could elevate the outcome, Bl said. DH, public information officer for Catawba County, said the Conover ordinance is compatible with the county's ordinance. The Conover ordinance, however, makes a distinction between dangerous and vicious dogs.

“A mauling incident in which a boy received 200 stitches to the head prompted us to put in a new category in the ordinance pertaining to dangerous dogs,” she said. “If a dog was deemed dangerous, the owner must muzzle the animal if it is off the property and must be restrained.

“Now, a dog can be found to be vicious. There are several factors to determine if a dog is deemed vicious, but a lot has to do with the severity of the incident. In that case, the dog will be destroyed after 10 days, unless an appeal is filed.”

P's Rottweiler was confined to the yard by invisible fencing.

EK, general manager of Invisible Fencing of the Carolinas, said even though invisible fencing is compliant with county ordinances regarding containment of animals, a large Rottweiler still could get through.

“We have tons of Rottweilers equipped with our collars,” K said. “A large dog could get through invisible fencing, it just all depends on the training it gets.”

K said the dog's collar is programmed to one of 32 levels of intensity, depending on the breed.

Owners also are responsible for putting an Invisible Fencing sign in the yard. One of those signs was seen Thursday in P's yard.

“We have a money-back guarantee,” Ki said. “If a dog breaks through the invisible fence, the owner is liable.”

B said in the cases she's seen, invisible fencing has not been taken down because a dog was deemed dangerous. But that wouldn't stop animal control from forcing a dog owner to take other measures to secure the animal, she said.

B said a final report on Wednesday's incident is not expected to be completed until today.

 

[Souix]

Chances are a dog that has bitten will bite again. This is a story that was in our local paper this morning. SAD SAD SAD!!!!

CONOVER - The 10-year-old girl attacked by a Rottweiler on Wednesday in Conover was hospitalized Thursday in stable condition, police said.

Meanwhile, the dog sits in Catawba County Animal Control, awaiting its fate during a 10-day quarantine period. A final report on the incident is to be completed today. Records reveal this is not the first time the Rottweiler has attacked.

According to reports filed by Catawba County Animal Control, the dog was involved in attacks on April 22 and Nov. 3, 2002. But in both cases, the reports state, the victims were on the property of R P, the dog's owner.

About 5 p.m. Wednesday, LFJ was attacked by the dog as she played in a relative's back yard. The girl suffered injuries severe enough to require emergency surgery at Catawba Valley Medical Center in Hickory.

She was listed in stable condition Thursday, according to a news release issued by the Conover Police Department. Sgt. JL said the family told him L would be hospitalized for several days, due to the extent of the injuries and the surgery to repair damage to her arms and head.

According to animal control reports on the prior incidents:

• On April 22, a meter reader, CSl, approached the house to collect a gas bill when he was attacked. In that case, the dog was current on its rabies shots, was quarantined for 10 days and released to the owner.

• On Nov. 3, a neighbor, ZH, was playing football in his back yard when the ball landed in P's yard. The report said when Hs went to retrieve the ball, he was bitten.

Again, the dog was quarantined for 10 days and released to the owner.

B said as long as the dog was on its own property, P was within the law. H said Thursday the ball was not in P's yard, and the Rottweiler went through the invisible fencing. The report says otherwise, based on Hs' statement.

“In those cases, the Rottweiler was not on anyone else's property, and was returned to P after 10 days, as the law says we must do,” said DBl, attorney for Catawba County.

B said the dog was current on its rabies vaccinations both times. The dog was not determined to be dangerous in either incident.

However, the incident Wednesday took place on someone else's property, based on the preliminary report. The severity of the attack also could elevate the outcome, Bl said. DH, public information officer for Catawba County, said the Conover ordinance is compatible with the county's ordinance. The Conover ordinance, however, makes a distinction between dangerous and vicious dogs.

“A mauling incident in which a boy received 200 stitches to the head prompted us to put in a new category in the ordinance pertaining to dangerous dogs,” she said. “If a dog was deemed dangerous, the owner must muzzle the animal if it is off the property and must be restrained.

“Now, a dog can be found to be vicious. There are several factors to determine if a dog is deemed vicious, but a lot has to do with the severity of the incident. In that case, the dog will be destroyed after 10 days, unless an appeal is filed.”

P's Rottweiler was confined to the yard by invisible fencing.

EK, general manager of Invisible Fencing of the Carolinas, said even though invisible fencing is compliant with county ordinances regarding containment of animals, a large Rottweiler still could get through.

“We have tons of Rottweilers equipped with our collars,” K said. “A large dog could get through invisible fencing, it just all depends on the training it gets.”

K said the dog's collar is programmed to one of 32 levels of intensity, depending on the breed.

Owners also are responsible for putting an Invisible Fencing sign in the yard. One of those signs was seen Thursday in P's yard.

“We have a money-back guarantee,” Ki said. “If a dog breaks through the invisible fence, the owner is liable.”

B said in the cases she's seen, invisible fencing has not been taken down because a dog was deemed dangerous. But that wouldn't stop animal control from forcing a dog owner to take other measures to secure the animal, she said.

B said a final report on Wednesday's incident is not expected to be completed until today.

Thats too bad, I don't believe invisible fences are effective at all. Besides, when and if a dog break threw it, they will hesitate to go back threw it again to get home.

Anway, what is your point? Writer said her dog only bit someone because it was provoked. How is this article relevant to writer's problem? Except for maybe causing insurance companies to prevent people from getting hazard insurance because somebody else's dog bit someone.

 

[tammy8]

My point is that this is the reason that most insurance refuse to afford coverage to insured's that have a previous "bite history" in the household. I am totally surprised that the poster was even given the opportuntiy to give the dog away and not downright refused any coverage. If this has been the ultimate option given, she may not have a choose but to give the dog away. Sorry I am a dog lover also and own a nippy dog. I take great measures to secure her and keep her away from any strangers because if she does bite, all I can say is bye bye insurance coverage.

 

[jahuber]

i'm not sure you have fully read and understood the original post i wrote... we cannot get coverage, we did take precautions and have continued to take precautions, this dog has been trained and at manners classes, and apparently it is our state regs that have made the case this way... and it is not merely a case of giving the dog away as stated... even if we do and something else happens in his future, we can still be held liable by the victim... it is now a case of finding insurance or having to destroy the dog... not merely giving him away, which is bad enough, but ending his life...

 

[kat1963]

Take him back to the humane society. Yes, he will probably be PTS....but you'll never know one way or the other (just don't ask). You tried. Don't be mad at the insurance company, can you really blame them for not wanting to cover another potential dog bite claim? I'm sure IAAL can tell you how much one of those is worth! Direct your anger at the person who gave up this animal in the first place. Be angry at the person who allowed their dog(s) to go unspayed so that they continually breed.....HOW NICE of them for passing this animal along to you. Allowing you love it, care for it, then to having to make the ultimate decision....Who ever gave it up knew what it was or what it could potentially become.
Good Luck.
KAT