An estimated 2 million attacks occur each year with only 800,000 documented. While some breeds have the tendency for more aggression than others, animal attacks can happen anywhere, anytime. Sadly, many victims are under 10 years of age and dog bites alone make up for most child emergency room visits due to an animal attack.
Further, most dog bite attacks happen at a residence or in a neighborhood. In many cases, the dog owner’s insurance may be used to cover monetary damages such as hospital bills and pain and suffering. This allows a victim to seek justice against an insurance company rather than the close friend or neighbor that owns the animal.
In general, a dog with no prior bites or attacks will not be held responsible. The “one bite” rule is rooted in the law of foreseeability, meaning the owner had no way of foreseeing the attack, because one had never happened in the past. However, when a dog owner violates a local ordinance regarding animal control, such as not having her dog on a leash, the owner may be found negligent by failing to follow a safety ordinance- even when there is no evidence of a prior bite. Many insurance companies and rental agencies already ban certain types of dogs, like Pit Bulls, Rottweilers, and Doberman Pinschers.