Dog Bite Liability Insurance – Is it Required in PA?

Must Dogs Be Insured For Liability in PA 

The short answer is:  generally, no, unless ordered by the court after one bite. From handling dog bite claims and defenses in PA for over 22 years, we can honestly say:  every dog owner should carry liability insurance for such claims, as those could easily exceed $100,000 for damages caused by a dog attacking.

What Dog Bite Claims Make Liability Insurance Needed? 

Dog Bite claims also involve:

– hospitalization

– surgery

– lost wages

– follow up medical care

– inability to function

– need for counseling, from a fear of dogs

– the costs of scar revision surgery and

– embarrassment from scars and disfigurement.

If the dog owner lacks sufficient insurance to cover the claim, the injured party can seek a judgment against the dog owner.  Then, she can execute against the owner’s personal assets:  bank accounts, real property, vehicles, and more.

Plus you will have to pay your own defense costs and attorney fees if you lack coverage.

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The Answer:  Liability Coverage

What are the benefits of liability coverage?

– A liability insurance carrier will assign an attorney to defend the dog bite claim and pay the attorney fees to defend.

– This will help prevent a lawsuit (much less a judgment) against the dog owner.

– If there is a judgment, insurance will cover it, up to policy limits, as insurance in PA covers liability claims for for pain, suffering, emotional distress, medical bills, lost wages, fear of interacting with dogs, and disfigurement.

How Do You Get Coverage?

It’s easier than you think.

Most insurance companies offer home owner’s insurance that covers dog bite claims up to the amount of coverage.  This may be $100,000 or more, depending on what is elected.

Renter’s insurance can also provide coverage to a renter for a dog bite claim.  There is also something called “umbrella coverage.” This provides general liability insurance coverage over and above any limits of any other liability coverage.

Limitations on Insurance Coverage

Note that liability insurance does not cover claims for intentional or reckless conduct or punitive damages.  However, if you have liability coverage for your negligence, that coverage can be used to settle all claims against you, getting you generally released from all claims.

Thus, every dog owner in Pennsylvania should have liability insurance, as in other areas.  For example, to operate a car, truck, or motor cycle in Pennsylvania, the operator and owner of the vehicle, must carry liability insurance as follows:  at least $15,000.  plus Pennsylvania has “no fault” medical coverage of at least $5,000.

 

The Consequences of “No Insurance”

For the person sued, for harboring a “dangerous dog,” his assets may be in jeopardy, absent insurance. For the injured party suing an owner lacking insurance coverage, it can be a severely uphill battle because the assets may not be enough to compensate you fully.

 

Damages from Cars… and Dogs  

Cars are dangerous.  This is why, with regarding the operation of a motor vehicle, everyone must have insurance for harm he or she can do on the road.

Unfortunately, this is not the case regarding the ownership of a dog in PA.  As the law stands, a dog owner is not required to maintain any liability coverage whatsoever, unless and until his dog is adjudicated (in court) as “dangerous.”  This can be difficult to prove.  Below is a description of what must be proven beyond a reasonable doubt (the relatively high, criminal standard), before a court can find a dog to be “dangerous.”

A dangerous dog is one that has:

(1)  Inflicted severe injury on a human being without provocation on public or private property.

(2)  Killed or inflicted severe injury on a domestic animal, dog or cat without provocation while off the owner’s property.

(3)  Attacked a human being without provocation.

(4)  Been used in the commission of a crime.

And the dog has either or both of the following:

(1)  A history of attacking human beings and/or domestic animals, dogs or cats without provocation.

(2)  A propensity to attack human beings and/or domestic animals, dogs or cats without provocation.

*A propensity to attack may be proven by a single incident.

Severe injury is defined as, [3 P.S. § 459-102] “Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.”

– see the Commonwealth of Pennsylvania web site regarding dog bites.

If — and only if–  a dog is adjudicated to be “dangerous,” then this is what the owner must do:

Responsibilities of dog owner:

(1)  Register the animal with the Bureau of Dog Law Enforcement and reregister the dog annually by January 1st of each year regardless of when the dog was initially registered.

(2)  Registration fee is $500 per calendar year for the life of the dog.

(3)  Confine the dog in a proper enclosure.

Proper enclosure of a dangerous dog is defined as, [3 P.S. § 459-102] “the secure confinement of a dangerous dog either indoors or in a securely enclosed and locked pen or structure.  It must be suitable to prevent the entry of young children and domestic animals and designed to prevent the dangerous dog from escaping.  The pen or structure shall have secure top and shall also provide protection from the elements for the dog.  If the pen or structure has no bottom secured to the sides, the sides must be embedded at least two feet into the ground.”

(4)  It is unlawful for an owner or keeper of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person.

(5)  The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal or from destroying property with its teeth.

(6)  Post the premises with a clearly visible warning sign that there is a dangerous dog on the property.  In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.

(7)  Spay or neuter the dog.

(8)  Microchip the dog.

(9)   Be compliant with court ordered restitution.

(10) Obtain:

a. A surety bond in the amount of $50,000 issued by an insurer authorized to do business within this Commonwealth, payable to any person injured by the dangerous dogs.

b. A policy of liability insurance, such as home owner’s insurance, issued by an insurer authorized to do business within this Commonwealth in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog.  The policy shall contain a provision requiring the secretary to be named as additional insured for the sole purpose of being notified by the insurance company of cancellation, termination or expiration of the liability insurance policy.

c. The owner shall maintain and not voluntarily cancel the liability insurance required by this section during the period for which licensing is sought unless the owner ceases to own the dangerous dog prior to expiration of the license.

(11) The owner or keeper shall notify the Bureau of Dog Law Enforcement, the State Dog Warden and the local police department within 24 hours if a dangerous dog is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died or has been sold or donated.

(12) If the dangerous dog has been sold or donated, the owner shall also provide the Bureau of Dog Law Enforcement and the State Dog Warden with the name, address and telephone number of the new owner or new address of the dangerous dog.

(13) The new owner or keeper of the dangerous dog shall be required to comply with all of the provisions of this act and regulations pertaining to a dangerous dog.

If Insurance is Required, So What? 

As the law also stands, there is no requirement that every dog owner carry medical coverage to cover medical expenses caused by dog bites.

Contact our Pittsburgh PA dog bite lawyers for a free consultation about any dog bite claim or defense.

New Number! 412.400.5476

Call today!