Many people consider their dogs to be part of the family, but if your dog causes injury or property damage, will your homeowner's or renter's insurance cover it? The answer may surprise you.
The advent of spring typically means that many dog owners will begin enjoying the warmer Cleveland weather by taking their canine friends on longer walks, bringing them along to dog-friendly bars and restaurants, or exposing them to interactions with friends who have come over for cookouts. Unfortunately, with the rise of more human-to-dog contact, the warmer months also usually see an increase in the number of bites and attacks by dogs. Dogs, and larger dogs in particular, often cause injury to others, leading to medical care, treatment, and sometimes long-lasting harm like scarring or orthopedic injury. The question then arises: who is legally responsible for injuries caused by dog attacks?
Since most dogs never harm anyone, dog owners may be surprised to learn that under the Ohio Revised Code,1 the owner, keeper, and/or harborer of a dog is generally strictly liable for harm caused by the dog. The law does not require that the dog bite or attack another person; any type of damage it causes can result in liability. Exceptions precluding legal responsibility exist in cases where another person was trespassing, teasing, or tormenting a dog at the time the dog caused harm. However, typically, the owner or person keeping or harboring the dog is responsible.
Unfortunately, when a large or aggressive dog does attack someone, the victim's medical bills can pile up quickly, creating a difficult situation. Many homeowner's and renter's insurance policies provide coverage for harm caused by dogs, so long as the dog owner disclosed that they had a dog at the time of applying for coverage. What many dog owners fail to realize is that many insurance policies contain specific exclusions from coverage for harm caused by certain breeds of dogs or dogs that have previously bitten a person. This can lead to a very serious situation where a dog owner is legally liable for substantial medical bills caused by the dog but has no insurance coverage for them or the claim.
In a recent Ohio case, a homeowner's policy excluded coverage for bodily injury caused by "full or partial breed Dobermans, German Shepherds, Pit Bulls, Chows, Akitas and Rottweilers or any other dog or dogs, regardless of breed, that have been involved in past human biting incident."2 After a Rottweiler mix attacked two people and an insurance claim was brought, the insurance company filed an action in court for declaratory judgment declaring that it had no duty to provide coverage. The court upheld this exclusion and ruled that the insurer had no duty to defend or indemnify the owner of the Rottweiler. Other similar policy exclusions apply to other breeds, such as Presa Canarios, Great Danes, or Chihuahuas. They may also exclude dogs over a certain weight, wolves, coyotes, hybrids of such animals, or any dogs used for fighting.
In another case, a policy exclusion denied coverage for a dog that "[h]as previously caused: (1) Bodily injury to a person."3 The dog had previously nipped people on some five occasions. The court upheld this restriction and ruled that there was no duty for the insurance company to provide coverage.
Accordingly, it is prudent for dog owners, keepers, and/or harborers to review their insurance policies to ensure coverage is available for their dogs in case they cause injuries, and I strongly recommend it. This is particularly important where:
- A policy is new or has not been reviewed for a period of years, if the policy language has changed;
- If a dog has bitten a person during the previous year, even if the injury caused was not severe;
- If a person has obtained any new dog, particularly if it is large or a working dog of any sort whose breed may be one of the types that are mentioned in a policy exclusion such as a Rottweiler or Pit Bull;
- If the person is not the owner of a dog but can be deemed a harborer or keeper by having the dog on their property or by helping care for or keep the dog around the time of the bite or attack.
If a dog bites someone or causes harm and coverage is denied, dog owners, keepers, and/or harborers who find themselves without insurance coverage can be in a very difficult position where they are still legally liable for the harm but have no paid-for defense or insurance indemnity. This can be even more frustrating when payment of insurance premiums has been made with the assumption that there would be coverage in the event of a dog attack.
Attorneys Colin Ray and Chris Patno regularly represent individuals in this legal subspecialty who have been bitten or seriously injured by dogs. They have even set legal standards and beneficial case law in Ohio in this regard. Those injured in a dog attack or those who have questions about a dog attack may contact them for a free, no-obligation consultation. To see counsel from our Personal Injury & Wrongful Death attorneys, please reach out to request a consultation or call us at 216-696-1422.
Footnotes
1. R.C. 955.28.
2. Garlock v. Jordan, 2025-Ohio-82 ⁋3 (6th Dist.).
3. Grange Indem. Ins. Co. v. Hinds, 2023-Ohio-4085 ⁋19 (3rd Dist.).
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