California topped State Farm’s list, both in total number of claims filed (369) and amount paid (nearly $11.3 million), although the data was reported in absolute terms only, and was not normalized by number of State Farm customers per state or state population.

State Farm’s report, released in conjunction with National Dog Bite Prevention Week, highlights the impact dog bites have on communities and the importance of responsible pet ownership.

Nationwide, dog bites account for more than one third of all homeowners insurance liability claims, and totaled $413 million in 2010. (Insurance Information Institute, The Topic: Dog Bite Liability, May 2011, available here.)

The average insurance payout for a dog bite claim in 2010 was $26,166, though much higher amounts for individual cases are not uncommon.  In May of 2010, a San Francisco Bay Area case in which an Alameda pit bull bit and severed a former neighbor’s finger between the first and second knuckles settled for $300,000.   (Read SF Gate article here.)

The predominance of dog bite claims compared with other homeowners insurance claims should cause dog owners to pause and consider their potential liability exposure, adequacy of their insurance coverage, and how they can reduce the chance of a tragic accident.

California law holds dog owners strictly liable for dog bite injuries, regardless of whether the incident occurs on public or private property, provided the victim is not trespassing.  Similarly, dog owners are liable even if their dog has no history of violence, biting, or other vicious behavior.  (California Civil Code section 3342.)  These provisions often leave California dog owners holding a large liability bill, and highlight the importance of adequate insurance coverage.

Most homeowners and renters insurance policies include $100,000 to $300,000 of dog bite liability coverage, leaving the dog owner responsible for any additional expenses, including attorney costs.   Some insurance providers are limiting their coverage for dogs that are considered higher risks based on breed or past behavior.  Once a dog has bitten a victim, insurance providers may increase homeowners or renter’s insurance rates, reduce coverage, or drop a customer entirely unless they find the dog another home or otherwise dispose of it. Additional coverage is sometimes available through umbrella policies.

Dog owners should contact their insurance providers to ensure they are adequately insured. Dog owners who live in rental properties and do not carry renters insurance should consider purchasing such coverage, if for no other reason than to cover claims that may arise from a dog bite accident.   In addition to adequate insurance coverage, dog owners should take steps to minimize the chances their pets might be involved in a biting incident.   The Center for Disease Control as well as the American Veterinary Medical Association offer more information on how to prevent dog bite accidents on each of their websites.

Within two days “Happy Jack” was coughing up blood, and was hospitalized, eventually dependant on a ventilator, and expired at St. Joseph’s Hospital.  The cause of death according to the pathologist was “massive alveolar lung damage consistent with toxic smoke inhalation exposure.”

Michael J. Crowley of the Janssen Law Firm handled the matter.  Identification of the cause of death via coroner and pathology reports was paramount, along with early identification of the homeowner’s insurance coverage available to the defendant property owner.

Mr. Van Lieu’s widow and his two grown adult daughters were the plaintiffs in the wrongful death action that ensued.  Upon completion of the depositions of Mr. Van Lieu’s widow and the pathologist on the cause of death, the matter settled for the homeowner insurance policy limits of the defendant property owner.

Most Humboldt County residents are not aware of the extent of coverage of homeowner’s policies, and prompt consultation with competent counsel to identify the injuries and the relevant insurance coverages is critical.  The attorneys in the Janssen Law Firm are experienced in litigating and trying cases involving homeowners policies, wrongful death matters, and cases presenting complex issues of medical causation.  Our experienced trial attorneys stand ready to assist you, when need arises.

By all accounts, while the quake did cause damage to Humboldt County, the North Coast was generally lucky to avoid major damage or serious injuries.  The court and attorneys in Eureka reported only relatively minor interruptions of business due to damage and loss of electricity.  As many government agencies have noted, all residents and businesses should take this opportunity to review their earthquake preparedness and emergency planning.  Humboldt State University, Department of Geology, provides a useful link to earthquake and tsunami preparedness information.

From a legal standpoint, it is recommended that you compile important documents — such as deeds, insurance policies, legal documents — in a safe place that will be protected in the event of a natural disaster.   It is always recommended that you have multiple copies of these documents, as well as a list of important documents and where the originals of those documents are maintained.

Further, you may also wish to evaluate your insurance needs at this time.  A recent Eureka Times-Standard report stated that only a small percentage of homeowners carry earthquake insurance — in order to protect yourself from a major loss in the event of an earthquake, you may wish to investigate the cost and coverage of earthquake insurance by calling the California State Department of Insurance at (800) 927-4357 or your homeowner’s insurance provider.