In Tennessee, dog bite victims can often seek compensation through the dog owner’s homeowner’s or renter’s liability insurance. Homeowners insurance policies are designed to cover situations where someone is injured on the property, including by a dog bite. While most homeowner’s policies provide coverage for dog bites, insurance companies are starting to limit coverage or exclude it altogether for certain dog breeds. These breeds include Rottweilers, Doberman Pinschers, Akitas, German Shepherds, Siberian Huskies, Chow Chows, Alaskan Malamutes and American Pit Bull Terriers. But, even with these breeds, a responsible dog owner can purchase specialty insurance. If you are bit by a dog, it is important to examine the specific language of the owner’s homeowner’s or renter’s insurance policy, correctly identify the breed of dog, and evaluate the sufficiency of the owner’s coverage. Hiring a lawyer is helpful in these situations, as the lawyer can best evaluate the sufficiency of the dog owner’s insurance coverage, handle all communications with the dog owner and their insurer, stay on top of the legal formalities of the claim or lawsuit, and ensure the victim can get the most compensation they are entitled to under the law. Statute of Limitations A dog bite victim has one year from the date of the bite to file a claim. Failure to bring a lawsuit, against either the dog’s owner or their insurance provider, within this timeframe will usually bar any recovery stemming from the dog bite. Other Requirements When a dog bite claim is brought against the owner’s residential insurance provider, proof beyond the bite itself and the resulting losses to the victim are required. The victim will be required to show that a dog attack happened because the dog’s owner was careless. Proving carelessness, even if it is obvious, must meet certain legal standards that an experienced KLO attorney is best suited to do. During a lawsuit against an insurer, the victim will need to interact with an insurance claims adjuster. The claims adjuster will likely attempt to pursue an unfair settlement, but a KLO attorney can advocate for the victim and negotiate a more fair settlement. If the insurance company refuses a fair settlement, a victim’s claim for damages can be pursued in court, where a KLO attorney can best represent the victim. What is covered by the owner’s insurance? While each policy and situation are different and require an individual legal assessment, most policies typically carry liability limits between $100,000–$300,000 and offer two types of coverage that can help with dog bites. These include
- Personal liability coverage, which can pay for injuries and potential lawsuit costs, up to the policy’s limits, and
- Medical payments coverage, which Can cover necessary medical expenses for injuries that occur on the property, up to the policy’s limits.
If a claim exceeds the policy’s liability limits the dog owner will be responsible for any additional damages. While you may feel uncomfortable making a claim against your family member, friend or neighbor, we want to assure you that it is ok. Dog-inflicted injuries are part of the coverage the responsible dog owner has been paying for each time they write a premium check to the insurance company. That insurance coverage can pay for your pain and suffering, medical bills, lost wages, future medical care, and more, while keeping the full burden of those costs off you and the dog owner. Also, if the dog owner does not have insurance, you should not bear the physical, emotional and financial burdens of their failure to be responsible. You don’t have to pursue compensation alone. If you, your child or loved one has been bitten or attacked by a dog, let one of our KLO attorneys help you and your family get justice and the maximum compensation reasonably possible. To learn more about how our attorneys can help you, give us a call at (888) 748-5464.
