Marietta Injury Lawyer Blog
For victims recovering from dog attacks in Cobb County, their primary concern is almost always health care. Once their injuries stabilize, however, they may have numerous questions about the next legal steps. When is it possible to sue a dog owner for allowing this type of attack to occur? What is the role of property insurance in this process? Is it possible to sue a dog owner even if the attack did not occur on their property?
Why is Property Insurance Important in the Context of Dog Bites?
First, it is important to understand that a dog owner is always responsible for the actions of their pet. If their animal injures or kills someone, they may be liable. This is true regardless of insurance. However, it is also important to understand that many dog owners have limited resources. You might be able to sue a dog owner, but you can’t create money out of thin air. If the dog owner does not have enough to cover your medical bills, missed wages, and emotional distress, there is not much you can do to change that.
This is where insurance plays a vital role. As long as the dog owner has property insurance, their standard policy should cover the damages. In other words, the insurer will step in and provide enough compensation to cover your medical bills, lost earnings, disfigurement, and any other legitimate damages you suffered.
Note that the property insurer will also have a financial incentive to defend the claim on behalf of the dog owner. This means that an insurance adjuster will attempt to push back against the claim with various defense strategies. They might try to argue that you provoked the animal, or that you were trespassing. These are legitimate defense strategies that could prevent you from pursuing compensation. If these efforts are successful, the insurance company will not offer you a settlement, and they will not lose any money.
Property Insurance May Apply Even if the Attack Occurred Outside of the Property
While each policy is slightly different, standard homeowners’ insurance generally covers dog attacks that occur both on and off the policyholder’s property. For example, you might have been attacked by an aggressive dog at your local park. Perhaps you were attending a backyard barbecue when another guest’s dog bit you. Whatever the case may be, a dog bite lawsuit in Cobb County might still be possible. Speak with a dog bite lawyer for more personalized insights based on your specific situation.
What if Insurance Does Not Cover the Dog Attack?
Of course, some dog owners do not have home insurance. Even if they do, the insurer might not cover the attack. If a dog owner has an animal with a history of violence, the insurer might “drop” the homeowner and refuse to cover them for future attacks. If this is the case, then victims of subsequent attacks may need to pursue their compensation directly from the pet owner without the involvement of insurance. In this situation, it may be possible to force the owner to sell their home in order to cover your damages.