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Please help- What happens/My dog bit a child...being sued

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elephant75

New member
What is the name of your state? California

Recently, out dog bit a child ( I was not home). We surrendered the dog due to severity of the bite and we also have children. I hate that this happened and that a child got hurt. I was just contacted by my home owners insurance and notified about the claim. I have been waiting for this. What happens now? Do we just wait and allow the home owners to respond and handle it? I feel so helpless. My concern is what if they go after everything and we loss our home? I've never been in a situation like this and need some support/knowledge and possible outcomes.
 


quincy

Senior Member
What is the name of your state? California

Recently, out dog bit a child ( I was not home). We surrendered the dog due to severity of the bite and we also have children. I hate that this happened and that a child got hurt. I was just contacted by my home owners insurance and notified about the claim. I have been waiting for this. What happens now? Do we just wait and allow the home owners to respond and handle it? I feel so helpless. My concern is what if they go after everything and we loss our home? I've never been in a situation like this and need some support/knowledge and possible outcomes.
California is a strict liability state when it comes to dog bites. If a dog bites someone who is on public property or legally on private property, the owner of the dog is liable for damages caused by the bite.

Homeowners insurance often does not cover dog bite injuries.

What breed dog did you have and are there any restrictions on that breed in your area?
 

adjusterjack

Senior Member
Do we just wait and allow the home owners to respond and handle it?
Yes, that's exactly what you do.

And you do not talk a word to the parent of the injured child. Just refer the parent back to your insurance company.

My concern is what if they go after everything and we loss our home?
You're overthinking this. Relax. The equity of your home is exempt from judgment up to the following limits: $75,000 if single and not disabled; $100,000 if family and no other member has homestead; $175,000 if 65 or older or if physically or mentally disabled; $175,000 if creditors are seeking to force sale of your home and you are either (a) 55 or older, single and earn under $25,000 per year, or (b) 55 or older, married and earn under $35,000 per year.

Homeowner's liability limits typically start at $100,000 which should be more than enough to cover the claim unless your dog took the kid's arm off or tore the kid's face apart.

Homeowners insurance often does not cover dog bite injuries.
Actually, it does. The policy would need a separate exclusion because there are no dog bite exclusions in the standard HO policy. A separate exclusion generally would not be added to the policy unless there had been previous claims with that dog or the dog was one of those breeds that the insurance industry deems dangerous. If there had been an exclusion it would certainly been pointed out to the OP by now and he would have been terrified instead of just helpless.
 

elephant75

New member
I specially added the dog to our policy ( his breed was not exempt). Talked with my home owners rep and was assured my coverage covers dog bites. I believe the injury was bad - no limbs taken or NICU. I haven’t yet seen the report but will soon learn details. It’s just been emotional & I feel horrible that it had to happen.
 

Just Blue

Senior Member
I specially added the dog to our policy ( his breed was not exempt). Talked with my home owners rep and was assured my coverage covers dog bites. I believe the injury was bad - no limbs taken or NICU. I haven’t yet seen the report but will soon learn details. It’s just been emotional & I feel horrible that it had to happen.
What breed of dog was this?

BTW: Dog bites NEVER "had to happen". They always can be prevented.
 

quincy

Senior Member
I specially added the dog to our policy ( his breed was not exempt). Talked with my home owners rep and was assured my coverage covers dog bites. I believe the injury was bad - no limbs taken or NICU. I haven’t yet seen the report but will soon learn details. It’s just been emotional & I feel horrible that it had to happen.
I understand how bad you must feel. No one wants to be responsible for an injury to a child.

It was smart of you to add your dog to your homeowners policy. All you can do now is let your insurance company handle the claim.

I hope the injury is not serious and the child has a fast and complete recovery.

Good luck.
 

Zigner

Senior Member, Non-Attorney
I'm saying this more as a warning to others who may happen upon this thread. You must notify your insurance of any possible claims in a timely manner. In this OP's situation, it all worked out, but had other party not filed a claim for some time down the road (as is their right), and had the OP not reported this in a timely manner (he didn't in this case), then the insurance company may have had reason to deny the claim.
 

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