Post by Brooke on Apr 1, 2004 23:40:39 GMT -5
Thursday, March 25, 2004
Liability insurance proposed for dog owners
By Paul Ertelt
Capitol Bureau
ALBANY — Dog owners in New York would be required to have liability insurance for their pets under a bill proposed in the state Assembly.
Assemblyman Peter Rivera, a Bronx Democrat, has dubbed his bill "Elijah's Law," naming it for a 3-year-old New York City boy who was mauled by a Rottweiler in October.
"There are thousands of cases of youngsters being bitten every year in New York state," Rivera said.
Nationwide, 4.7 million people are bitten by dogs each year, according to the National Center for Injury Prevention and Control. About 800,000 people, more them half of them children, require medical attention Advertisement
each year because of dog bites, according to the center.
An ancient legal precept, known as the "one-bite rule," makes it difficult to sue the owner of a biting dog in New York, Rivera said.
"It's a concept of law. Every dog is entitled to one free bite," he said. Under that rule, an owner is generally not liable for damages unless the dog has bitten someone before.
Under his bill, bite victims would be able to collect damages to pay their medical bills, he said.
The bill is in the Assembly Agriculture Committee, but Committee Chairman Bill Magee, D-Nelson, said he doesn't support it.
"It seems to me that we're talking about something that is extremely expensive," he said.
The insurance requirement would make dog ownership prohibitively expensive for many people and would not prevent dog attacks, he said.
Rivera said he doesn't think the insurance would cost that much. The bill doesn't set a coverage amount, but dog owners would only need coverage sufficient to pay a victim's medical bills, he said.
"We're not talking about $100,000 worth of insurance," he said.
Guillermo Martinez, Rivera's legislative director, said a liability policy for a dog would probably cost less than $100 a year.
Most homeowner and renter policies cover liability for dog bites, said Michael Moran of the American Insurance Association. In fact, according to the Insurance Information Institute, a third of all liability claims against homeowners stem from dog bites, he said.
But Moran said he knows of no policies specifically written to provide protection if the policyholder's dog bites someone.
Under Rivera's bill, dogs would have to wear orange tags showing that they are insured, and their owners would face fines if they are not insured.
"It's not going to have much effect on dog control, but it will impact dog owners," said Ellen Dwyer, town of Otego dog control officer and a dog owner.
Dwyer said the law would create financial hardship for many owners, forcing some to surrender their dogs.
"More dogs would go to the shelter, and some of them would be adopted out and some of them wouldn't," she said.
There is no companion legislation in the state Senate, but Martinez said he is trying to line up a Senate sponsor.
Liability insurance proposed for dog owners
By Paul Ertelt
Capitol Bureau
ALBANY — Dog owners in New York would be required to have liability insurance for their pets under a bill proposed in the state Assembly.
Assemblyman Peter Rivera, a Bronx Democrat, has dubbed his bill "Elijah's Law," naming it for a 3-year-old New York City boy who was mauled by a Rottweiler in October.
"There are thousands of cases of youngsters being bitten every year in New York state," Rivera said.
Nationwide, 4.7 million people are bitten by dogs each year, according to the National Center for Injury Prevention and Control. About 800,000 people, more them half of them children, require medical attention Advertisement
each year because of dog bites, according to the center.
An ancient legal precept, known as the "one-bite rule," makes it difficult to sue the owner of a biting dog in New York, Rivera said.
"It's a concept of law. Every dog is entitled to one free bite," he said. Under that rule, an owner is generally not liable for damages unless the dog has bitten someone before.
Under his bill, bite victims would be able to collect damages to pay their medical bills, he said.
The bill is in the Assembly Agriculture Committee, but Committee Chairman Bill Magee, D-Nelson, said he doesn't support it.
"It seems to me that we're talking about something that is extremely expensive," he said.
The insurance requirement would make dog ownership prohibitively expensive for many people and would not prevent dog attacks, he said.
Rivera said he doesn't think the insurance would cost that much. The bill doesn't set a coverage amount, but dog owners would only need coverage sufficient to pay a victim's medical bills, he said.
"We're not talking about $100,000 worth of insurance," he said.
Guillermo Martinez, Rivera's legislative director, said a liability policy for a dog would probably cost less than $100 a year.
Most homeowner and renter policies cover liability for dog bites, said Michael Moran of the American Insurance Association. In fact, according to the Insurance Information Institute, a third of all liability claims against homeowners stem from dog bites, he said.
But Moran said he knows of no policies specifically written to provide protection if the policyholder's dog bites someone.
Under Rivera's bill, dogs would have to wear orange tags showing that they are insured, and their owners would face fines if they are not insured.
"It's not going to have much effect on dog control, but it will impact dog owners," said Ellen Dwyer, town of Otego dog control officer and a dog owner.
Dwyer said the law would create financial hardship for many owners, forcing some to surrender their dogs.
"More dogs would go to the shelter, and some of them would be adopted out and some of them wouldn't," she said.
There is no companion legislation in the state Senate, but Martinez said he is trying to line up a Senate sponsor.