Is my homeowner's insurance responsible for my neighbor's injury if he was hurt on his own property?
Full Question:
Answer:
As you mentioned, it will likely be your neighbor's word against yours and your son's word if there were no witnesses to the incident. Even if your neighbor were able to prove that your son was responsible for the dog and the dog chased him causing him to fall and injure himself, you may not be liable as your son may not be covered under your homeowner's insurance policy (if he does not live with you), and the policy may not cover injuries that occur away from the insured property. You should review the terms of your homeowner's insurance policy and the following general information regarding premises liabillity, homeowner's insurance and liability for pets/animals. If your neighbor brings a claim against you or your son, it will be a question of fact for the jury or judge to decide whether he or she has presented enough evidence to prove the elements of his or her claim.
Premises liability involves the responsibility of property owners to maintain safe conditions for people coming on or about the property. Homeowners can be and often are held liable for injuries which occur on their property. If a person slips, trips, or falls as a result of a dangerous or hazardous condition, the property owner may be fully responsible. Property owners are generally held accountable for falls as a result of water, ice, or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground. Several categories of persons to whom a property owner may be liable exist, and the duties of protection owed to each group are specific.
Insurance policies compensate an insured party for the cost of monetary damages in the event of economic loss or in the event of damages leveled against a policyholder who is liable for damages to another. Liability insurance pays damages up to the dollar amount of liability coverage purchased and protects the personal assets of the policyholder in the event of a judgement against the policyholder for damages. Homeowner's insurance includes both property and liability coverage, many of which cover activities away from and not in any way connected with a policyholder's residence. Homeowner's insurance policies cover premises liability in the event that anyone suffers an injury while on the insured property, and certain actions of the policyholder, which occur away from the insured property, may also be covered.
When a homeowner purchases liability insurance, part of the insurance company's obligation is to provide a defense in the event of a lawsuit. Even though the insurance company selects the lawyer and must approve the payment of all legal fees and other expenses of the lawsuit, the lawyer represents the policyholder. Under most types of liability insurance, the insurance company has the contractual right to settle or defend the case as it sees fit. The homeowner has an opportunity to express opinion, but the company typically has no obligation to obtain the policyholder's consent or approval. A suit against a homeowner may involve several different claims, some of which may be covered by the liability insurance policy and some of which may not be covered. The insurance company is obligated to provide a defense for any claim, which could be covered, but the company may not be obligated to pay the damages for certain types of claims. Since liability policies typically do not provide coverage for intentional acts, there may be a question as to whether the policyholder acted intentionally. Negligent or accidental acts are generally covered, however, papers filed in court might allege both negligent and intentional actions. In such a situation, the insurance company may send the homeowner a reservation of rights letter, a notice that the company is paying for the defense for the claim but is not agreeing that it is required to pay for any and all losses under the terms of the policy. Limitations and exclusions can alter the provisions of coverage in a policy. A limitation is an exception to the general scope of coverage, applicable only under certain circumstances or for a specified period of time. An exclusion is a broader exception which often rules out coverage for such cases as intentional acts, when the policy covers damages due to negligent acts.
Insurance companies and policyholders have contractual obligations which must be satisfied to ensure resolution of claims. Insurance policies list specific things a policyholder must do in order to perfect a claim once a loss has taken place. These duties are known as contract conditions. Policies typically require an insured to give prompt notice of any loss or the time and place of an accident or injury. Liability claims require the policyholder to give the insurance company copies of any notices or legal papers received. The insurance company may ultimately refuse to pay part or all of a claim. The insurance company may take the position that the loss is not covered by the policy, perhaps because it was the result of some intentional act. Or the insurance company may allege that the policyholder took some type of action that rendered the policy void. Because insurance policies are contracts and open to interpretation by the courts, policyholders may be able to use the legal system to reverse such decisions.
Dogs or other animals inflicting bites may make their owners both civilly and criminally liable for such behavior. In some jurisdictions, an animal can be declared dangerous by a court and a judge may order the animal be confined or destroyed.
The following are Georgia statutes:
4-8-4. (a) The owner or, if no owner can be found, the custodian
exercising....
(a) The owner or, if no owner can be found, the custodian exercising
care and control over any dog which goes upon the land of another and
causes injury, death, or damage directly or indirectly to any livestock
or poultry shall be civilly liable to the owner of the livestock or
poultry for damages, death, or injury caused by the dog. The liability
of the owner or custodian of the dog shall include consequential
damages.
(b) This Code section is to be considered cumulative of other remedies
provided by law. There is no intent to do away with or limit other causes
of action which might inure to the owner of any livestock or poultry.
4-8-7. Except as provided in Code Sections 16-12-4 and 16-12-37, any....
Except as provided in Code Sections 16-12-4 and 16-12-37, any person
who violates any provision of this article shall be guilty of a
misdemeanor.
4-8-21. (a) As used in this article, the term:
(a) As used in this article, the term:
(1) "Dangerous dog" means any dog that, according to the records of an
appropriate authority:
(A) Inflicts a severe injury on a human being without provocation on
public or private property at any time after March 31, 1989; or
(B) Aggressively bites, attacks, or endangers the safety of humans
without provocation after the dog has been classified as a potentially
dangerous dog and after the owner has been notified of such
classification.
(2) "Dog control officer" means an individual selected by a local
government pursuant to the provisions of subsection (c) of Code Section
4-8-22 to aid in the administration and enforcement of the provisions of
this article.
(3) "Governing authority" means the governing body or official in
which the legislative powers of a local government are vested.
(4) "Local government" means any county or municipality of this state.
(5) "Owner" means any natural person or any legal entity, including,
but not limited to, a corporation, partnership, firm, or trust owning,
possessing, harboring, keeping, or having custody or control of a
dangerous dog or potentially dangerous dog within this state.
(6) "Potentially dangerous dog" means any dog that without provocation
bites a human being on public or private property at any time after
March 31, 1989.
(7) "Proper enclosure" means an enclosure for keeping a dangerous dog
or potentially dangerous dog while on the owner's property securely
confined indoors or in a securely enclosed and locked pen, fence, or
structure suitable to prevent the entry of young children and designed
to prevent the dog from escaping. Any such pen or structure shall have
secure sides and a secure top, and, if the dog is enclosed within a
fence, all sides of the fence shall be of sufficient height and the
bottom of the fence shall be constructed or secured in such a manner as
to prevent the dog's escape either from over or from under the fence.
Any such enclosure shall also provide protection from the elements for
the dog.
(8) "Records of an appropriate authority" means records of any state,
county, or municipal law enforcement agency; records of any county or
municipal animal control agency; records of any county board of health;
records of any federal, state, or local court; or records of a dog
control officer provided for in this article.
(9) "Severe injury" means any physical injury that results in broken
bones or disfiguring lacerations requiring multiple sutures or cosmetic
surgery or a physical injury that results in death.
(b) A dog that inflicts an injury upon a person when the dog is being
used by a law enforcement officer to carry out the law enforcement
officer's official duties shall not be a dangerous dog or potentially
dangerous dog within the meaning of this article. A dog shall not be a
dangerous dog or a potentially dangerous dog within the meaning of this
article if the injury inflicted by the dog was sustained by a person
who, at the time, was committing a willful trespass or other tort or
was tormenting, abusing, or assaulting the dog or had in the past been
observed or reported to have tormented, abused, or assaulted the dog or
was committing or attempting to commit a crime.
4-8-25. (a) It is unlawful for an owner to have or possess within this
state....
(a) It is unlawful for an owner to have or possess within this state
a dangerous dog or potentially dangerous dog without a certificate of
registration issued in accordance with the provisions of this Code
section.
(b) Subject to the additional requirements of subsection (c) of this
Code section for dangerous dogs, the dog control officer of a local
government in which an owner possesses a dangerous dog or potentially
dangerous dog shall issue a certificate of registration to the owner of
such dog if the owner presents to the dog control officer or the dog
control officer otherwise finds sufficient evidence of:
(1) A proper enclosure to confine the dangerous dog or potentially
dangerous dog; and
(2)(A) The posting of the premises where the dangerous dog or
potentially dangerous dog is located with a clearly visible sign warning
that there is a dangerous dog on the property.
(B) The Department of Natural Resources shall design a uniform symbol
for the purpose of implementing subparagraph (A) of this paragraph no
later than July 1, 1989, and shall provide copies of the design to the
governing authority of each county and municipality of this state. The
sign required to be posted by subparagraph (A) of this paragraph shall
conform substantially to the design provided by the Department of
Natural Resources pursuant to this subparagraph.
(C) The requirement of subparagraph (A) of this paragraph shall
become effective 60 days following the day the uniform design specified
in subparagraph (B) of this paragraph is distributed to the governing
authority of each county and municipality of the state.
(c) In addition to the requirements of subsection (b) of this Code
section, the owner of a dangerous dog shall present to the dog control
officer evidence of:
(1) A policy of insurance in the amount of at least $15,000.00 issued
by an insurer authorized to transact business in this state insuring
the owner of the dangerous dog against liability for any personal
injuries inflicted by the dangerous dog; or
(2) A surety bond in the amount of $15,000.00 or more issued by a
surety company authorized to transact business in this state payable to
any person or persons injured by the dangerous dog.
(d) The owner of a dangerous dog or potentially dangerous dog shall
notify the dog control officer within 24 hours if the dog is on the
loose, is unconfined, has attacked a human, has died, or has been sold
or donated. If the dog has been sold or donated, the owner shall also
provide the dog control officer with the name, address, and telephone
number of the new owner of the dog.
(e) The owner of a dangerous dog or potentially dangerous dog shall
notify the dog control officer if the owner is moving from the dog
control officer's jurisdiction. The owner of a dangerous dog or
potentially dangerous dog who is a new resident of the State of Georgia
shall register the dog as required in this Code section within 30 days
after becoming a resident. The owner of a dangerous dog or potentially
dangerous dog who moves from one jurisdiction to another within the State
of Georgia shall register the dangerous dog or potentially dangerous dog
in the new jurisdiction within ten days after becoming a resident.
(f) Issuance of a certificate of registration or the renewal of a
certificate of registration by a local government does not warrant or
guarantee that the requirements specified in subsections (b) and (c) of
this Code section are maintained by the owner of a dangerous dog or
potentially dangerous dog on a continuous basis following the date of
the issuance of the initial certificate of registration or following
the date of any annual renewal of such certificate.
(g) A dog control officer is authorized to make whatever inquiry is
deemed necessary to ensure compliance with the provisions of this
article. Law enforcement agencies of local governments and the sheriffs
of counties shall cooperate with dog control officers in enforcing the
provisions of this article.
(h) A local government may charge an annual fee, in addition to regular
dog-licensing fees, to register dangerous dogs and potentially dangerous
dogs as required in this Code section. Certificates of registration shall
be renewed on an annual basis. At the time of the annual renewal of a
certificate of registration, a dog control officer shall require evidence
from the owner or make such investigation as may be necessary to verify
that the dangerous dog or potentially dangerous dog is continuing to be
confined in a proper enclosure and that the owner is continuing to comply
with other provisions of this article.
4-8-26. (a) It is unlawful for an owner of a dangerous dog to permit the
dog....
(a) It is unlawful for an owner of a dangerous dog to permit the dog to
be outside a proper enclosure unless the dog is muzzled and restrained by
a substantial chain or leash and is under the physical restraint of a
responsible person. The muzzle shall be made in a manner that will not
cause injury to the dog or interfere with its vision or respiration but
will prevent it from biting any person.
(b) It is unlawful for the owner of a potentially dangerous dog to
permit the dog to be outside a proper enclosure unless the dog is
restrained by a substantial chain or leash and is under the restraint
of a responsible person.
4-8-27. (a) A dangerous dog shall be immediately confiscated by the dog....
(a) A dangerous dog shall be immediately confiscated by the dog
control officer or by a law enforcement officer or by another person
authorized by the dog control officer if the:
(1) Owner of the dog does not secure the liability insurance or bond
required by subsection (c) of Code Section 4-8-25;
(2) Dog is not validly registered as required by Code Section 4-8-25;
(3) Dog is not maintained in a proper enclosure; or
(4) Dog is outside a proper enclosure in violation of subsection (a)
of Code Section 4-8-26.
(b) A potentially dangerous dog shall be confiscated in the same
manner as a dangerous dog if the dog is:
(1) Not validly registered as required by Code Section 4-8-25;
(2) Not maintained in a proper enclosure; or
(3) Outside a proper enclosure in violation of subsection (b) of Code
Section 4-8-26.
(c) Any dog that has been confiscated under the provisions of
subsection (a) or (b) of this Code section shall be returned to its owner
upon the owner's compliance with the provisions of this article and upon
the payment of reasonable confiscation costs. In the event the owner has
not complied with the provisions of this article within 20 days of the
date the dog was confiscated, said dog shall be destroyed in an
expeditious and humane manner.
4-8-28. (a) The owner of a dangerous dog who violates the applicable....
(a) The owner of a dangerous dog who violates the applicable provisions
of Code Section 4-8-25 or Code Section 4-8-26 or whose dangerous dog is
subject to confiscation under subsection (a) of Code Section 4-8-27 shall
be guilty of a misdemeanor of high and aggravated nature. In addition to
any confinement that might be imposed for a conviction under this
subsection, for the second conviction a fine of not less than $500.00
shall be imposed and for a third or subsequent conviction a fine of not
less than $750.00 shall be imposed.
(b) The owner of a potentially dangerous dog who violates the
applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or
whose potentially dangerous dog is subject to confiscation under
subsection (b) of Code Section 4-8-27 shall be guilty of a misdemeanor.
In addition to any confinement that might be imposed for a conviction
under this subsection, for a second conviction a fine of not less than
$150.00 shall be imposed and for a third or subsequent conviction a fine
of not less than $300.00 shall be imposed.
(c) If an owner who has a previous conviction for a violation of this
article knowingly and willfully fails to comply with the provisions of
this article, such owner shall be guilty of a felony if the owner's
dangerous dog attacks or bites a human being under circumstances
constituting another violation of this article. The owner of a dangerous
dog who is convicted for a violation of this subsection shall be
punished by a fine of not less than $1,000.00 nor more than $5,000.00
or by imprisonment for not less than one nor more than five years or by
both such fine and imprisonment.
(d) An owner who knowingly and willfully fails to comply with the
provisions of this article shall be guilty of a felony if the owner's
dangerous dog aggressively attacks and causes severe injury or death of a
human being under circumstances constituting a violation of this
article. The owner of a dangerous dog who is convicted for a violation of
this subsection shall be punished by a fine of not less than $5,000.00
nor more than $10,000.00 or by imprisonment for not less than one nor
more than ten years or by both such fine and imprisonment.
(e) In addition to the penalties for violations under subsection (c) or
(d) of this Code section, the dangerous dog involved shall be immediately
confiscated by the dog control officer or by a law enforcement officer or
another person authorized by the dog control officer and placed in
quarantine for the proper length of time as determined by the county
board of health, and, thereafter, the dangerous dog shall be destroyed in
an expeditious and humane manner.
(f) No owner of a dangerous dog shall be held criminally liable under
this article for injuries inflicted by said owner's dog to any human
being while on the owner's property.
4-8-30. It is the intent of the General Assembly that the owner of a....
It is the intent of the General Assembly that the owner of a dangerous
dog or potentially dangerous dog shall be solely liable for any injury to
or death of a person caused by such dog. Under no circumstances shall a
local government or any employee or official of a local government which
enforces or fails to enforce the provisions of this article be held
liable for any damages to any person who suffers an injury inflicted by a
dog that has been identified as being a dangerous dog or potentially
dangerous dog or by a dog that has been reported to the proper
authorities as being a dangerous dog or potentially dangerous dog or by a
dog that a local government has failed to identify as a dangerous dog or
potentially dangerous dog or by a dog which has been identified as being a
dangerous dog or potentially dangerous dog but has not been kept or
restrained in the manner described in subsection (b) of Code Section 4-8-25
or by a dangerous dog or potentially dangerous dog whose owner has not
maintained insurance coverage or a surety bond as required in subsection
(c) of Code Section 4-8-25.