Question: I have several Rottweiler dogs that I use for protecting my home. They are very aggressive. I worry that they may run out on the road and cause injuries. I have taken steps to prevent this from happening by erecting proper fencing. Would I be liable if this were happen? Can I buy insurance to protect myself?
- J.A., Kingston 9.
Answer: Over 127 years ago our rulers passed a law that answered your first question. It was called the The Dogs (Liability for Injuries by) Act. Thanks to technology and the foresight of public servants at the Ministry of Justice I was able to download a free copy of the one-page Act without leaving the comfort of my office.
Dog owners are liable for injuries caused by their dogs. Section 2 of the Act says: "The owner of every dog shall be liable in damages for injury done to any person by his dog, and it shall not be necessary for the party seeking such damages to show a previous mischievous propensity in such dog or the owner's knowledge of such previous propensity or that the injury was attributable to neglect on the part of such owner." If one of your dogs were to injure a member of the public you would be legally liable, full stop. You would have no choice but to pay that person for his injuries.
ROTWEILERES
Here are a few more points of general information. Rottweilers were among the three top breeds that caused fatalities in the United States between 1979 and 1996. Dog bites are very common in Jamaica. Marilyn Duff, PhD., RN, said in 1997 that four per cent of the trauma cases treated at the Accident and Emer-gency Unit of the Univer-sity Hospital of the W.I. were due to dog bites. She feels that the incidence of dog bites in Jamaica is "very high" when compared to other countries.
Insurance against "dog bites" is sold as part of a package. It is granted under the heading of personal liability insurance. It refers to the legal liability arising as an owner or occupier of any building or land and includes liability arising from the ownership of domestic dogs, cats, horses and birds. Personal legal liability insurance is usually offered under the Liabilities section of Household Policies.
POLICY LIMIT
This is an indirect way of saying that insurance for liability against dog bites is part of the coverage available under the contents section of a Household Policy. If you are one of those persons who have decided not to insure your home [or its contents] forget about buying liability coverage against dog bites. On the other hand, if your contents are covered, you probably have the protection already. Phone your broker or insurer to confirm and to find out about the policy limit.
Typically, the liability section of the policy provides " indemnity for damages, compensation and claimants' costs which the Insured shall become legally liable to pay in respect of accidental bodily injury "
LIABILITY RISKSV
If you feel comfortable about self-insuring your house and its contents there is no reason why you cannot retain the liability risks associated with the ownership of dogs.
I reckon that the average dog bite claim would work out to a couple of thousand dollars which may not cause you to lose sleep at nights. If, however, you have a low appetite for risk, I would suggest that you talk with your insurer or broker. Now is a good time to investigate buying coverage for your home. My information is that insurance rates for houses in some cases have started to fall after years of back to back increases.
Cedric E. Stephens provides impartial advice on risks and insurance. If you need free information or advice to solve a problem, write to The Financial Editor or, contact Mr. Stephens directly at aegis@cwjamaica.com
