# Rescue groups liabilities for dog bites



## Lauri & The Gang (Jun 28, 2001)

In searching for information on WI and OH dog bite laws I found this great website: Dog Bite Law 

It has bite laws for every state and lots of other information. I found the section on rescue and adoption groups very interesting ...



> Quote:Sellers, rescue organizations, adoption agencies, shelters and dog owners (collectively referred to as "transferors") have certain legal obligations when they place a dog with a new owner. A breach of any of those obligations can result in civil liability or even criminal charges.
> 
> Civil liability will result from adopting out a dog that is known to be dangerous, is known to have dangerous propensities, or is misrepresented as being safe when the transferor has no reasonable basis to make that representation. A dog known to be dangerous or vicious must be put down or cured of its potentially injurious tendency.


I was curious if anyone had purchased their DVD:

Avoiding Liability When You Train, Shelter or Adopt-Out

Here's an interesting one:



> Quote:Suppose you get bitten by a dog you are training? Did you know that the law says you are not allowed to make a claim for medical bills against the insurance of your client?


I can understand if I have the dog at MY training facility and it bites me but what if I'm at the OWNERS house, helping them work their dog and it bites me?? I would have thought I would be covered under THEIR insurance. Looks like that is not true.


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## WiscTiger (Sep 25, 2002)

Lauri the "Trainers" insurace is liable as long as they have a business relationship for training, doesn't make a difference if the training is at the Trainers facility, at the dog owners home or at a park.

Val


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## Timber1 (May 19, 2007)

For me, this is the scary part. "Civil liability will result from adopting out a dog that is known to be dangerous, is known to have dangerous propensities"

For example, if a dog is adopted to a well qualified owner, who has dealt with problem dogs, why should any liability accrue to a humane society, rescue group, etc. This assumes the dog's background is fully disclosed.

One question. Rescue groups, humane socieites and others place thousands of dogs yearly, perhaps the number rises into six figures.

Does anyone know of an organization that got into financial difficulties because of their adoption procedures. If not,perhaps some of us have become more then a bit paranoid about placing dogs for adoption.


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## sitstay (Jan 20, 2003)

I am not sure if the survivors sued, but there was at least talk about legal ramifications when the shelter/rescue adopted out the Dobe a few years ago that had been surrendered to be euthanized due to aggression and the shelter instead adopted the dog out. It killed the woman who adopted it.
Sheilah


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## Timber1 (May 19, 2007)

Sheilah,

assuming what you described happened, and the woman was not an expeienced handler, and took the dog without being provided the background information, the sheleter/rescue should be sued.

I am more interested in rescue groups that take dogs, fully disclose the background of the animals, and yet because of some type of violent attack are nonetheless sued.


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## ninhar (Mar 22, 2003)

That did happen. The AHS Newark adopted a male Doberman that had been surrendered to it for euthanasia by the dogs owner, as he had been bit by the dog. The staff at AHS did not euth the dog, but instead about 9 months or so later adopted him to a woman in her 60's. She had the dog for a few weeks and tried to clip his nails. The dog attacked and killed her. Suprisingly, the courts found that the AHS did nothing wrong by adopting this dog to her.



> Quoteoes anyone know of an organization that got into financial difficulties because of their adoption procedures. If not,perhaps some of us have become more then a bit paranoid about placing dogs for adoption.


The bottom line is insurance. If you place a dog with a known bite history, the dog bites and the rescue is sued, you can kiss insurance goodby. You are also opening up your officers and directors to law suits. I know that some rescues operate without insurance, but to me that is playing with fire.


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## Timber1 (May 19, 2007)

In the case you mention the AHS should have been held liable. Your own comments affirm that.

What is so strange to me is everyone says the non-profit rescues need insurance, but if an attack happens the insurance will be cancelled.

So what is the point. If nothing happens thousands to the insurance company; if something bad happens cancelled.

I could go on, but a self-insured NPO is not a bad idea.


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## ninhar (Mar 22, 2003)

Yes, if an attack happens the insurance will most likely be cancelled, which could then be the end of the rescue. Is it worth the lives of all the other dogs that could be saved to take a chance on one with a bite history. 

There are very few companies that are willing to take a chance on insuring rescues. Many that had in the past decided a some years ago to stop issueing those policies. How much money do you suppose a NPO would need to have in order to be self insured?

Have you ever scheduled a public event for a rescue? Did you know that many event organizers require vendors to show proof of insurance, generally a $1 million general liability coverage policy? Some will provide that for a fee, others won't. 

In this sue happy world that we live in, its great that you are willing to take the chance but IMO it is not worth the risk.


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## Timber1 (May 19, 2007)

Your comment as follows hit home and is accurate. 

"Have you ever scheduled a public event for a rescue? Did you know that many event organizers require vendors to show proof of insurance, generally a $1 million general liability coverage policy? Some will provide that for a fee, others won't."

We do attend numerous events, and sponsor public events. But my job is to foster the dogs, and help those with some problems.

Anyway, it was silly of me to think our group could sponsor events without insurance. 

Thanks for nailing my concerns down with an accurate reply.


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## Timber1 (May 19, 2007)

Your comment as follows hit home and is accurate. 

"Have you ever scheduled a public event for a rescue? Did you know that many event organizers require vendors to show proof of insurance, generally a $1 million general liability coverage policy? Some will provide that for a fee, others won't."

We do attend numerous events, and sponsor public events. But my job is to foster the dogs, and help those with some problems.

Anyway, it was silly of me to think our group could sponsor events without insurance. 

Thanks for nailing my concerns down with an accurate reply.


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