Insurance Helpline - Am I liable for the actions of my dog?

Cedric Stephens, Contributor

Question: My family owns a number of dogs. Recently, one of them, a two-year-old German Shepherd, ran out of the yard through an open gate into the road. A passing motorcyclist claimed that in an attempt to avoid hitting our dog, he crashed. He suffered injuries and his bike was damaged as a result. He has presented us with a medical bill and an estimate to fix the bike for J$95,000. Are any of these costs covered by our house insurance?

- B.M., Kingston 8.

HELPLINE: Your question has two parts. One concerns a matter of law. The insurance part is the second. It is closely linked with the first. Are you legally liable for the actions of your dogs generally? Assuming that the injury that the motorcyclist alleged he suffered and the damage to his bike resulted solely from the actions of your German Shepherd, were you legally responsible? I am unqualified to deal with the legal part.

I am not an attorney. Legal liability arising from the ownership of animals is a very complex area of law. A lawyer, using the metaphor of a train, wrote about it this way: "... in the torts train, a special compartment is reserved for animals (beasts), but it would be an unwarranted assumption to suppose ... that animals are not also to be found in many other compartments ... (they) lurk in the compartments marked Negligence, Nuisance, Rylands v. Fletcher, Occupiers' Liability and Trespass" (http://www.lawreform.ie/_fileupload/consultation%20papers/wpAnimals.htm).

The Dogs (Liability for Injuries By) Act - which, by the way, was passed nearly 40 years after the end of slavery - is another coach in the train. It imposes strict liability. Section 2 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 for the person seeking such damages to show a mischievous propensity in such dog."

Speak with a lawyer to find out if you are legally liable for injuries to the motorcyclist and damage to his property or the insurers of your house.

Household policies protect homeowners/occupiers against claims like the one made against you. Here is what one policy says: "We will indemnify you in respect of any amounts which you (or any member of your family who permanently resides with you) become legally liable to pay as compensation for an accident occurring during the period of insurance which (a) causes bodily injury to any person or (b) loss of or damage to property anywhere in Jamaica.

"However, liabilities arising from the following are not covered:

Bodily injury to or loss of or damage to property belonging to or under the custody or control of any member of your household.

Any wilful or malicious act.

Ownership possession or use of mechanically propelled vehicles (except while being used for domestic purposes in your garden) caravans, trailers, watercraft, aircraft, animals (other than domestic animals) or firearms.

Any agreement unless the liability would have existed otherwise.

The occupation or use of the home other than for domestic purposes.

Your engaging in a business, trade, occupation or profession."

Dogs are universally regarded as being the group of animals that are considered as domesticated animals.

Provided the wording of your contract is similar to the one that I have cited, and it can be shown that you or other persons in your household were legally liable for the accident, it seems quite reasonable to conclude that your insurers should pay the motorcyclist.

Cedric E. Stephens provides independent information and free advice about the management of risks and insurance. Email aegis@cwjamaica.com. SMS/text message to 812-7233