Victim realities
Nationwide, the rate of dog bite injuries is on the rise. The cost of treating these injuries is rising even faster. In 2002, the average dog bite claim was $16,600. In 2005, the cost rose to $21,200. Dog bite claims in 2005 accounted for nearly 15 percent of liability claims paid under homeowners insurance policies. These bites cost the property/casualty insurance industry $317.2 million in 2005 and $352.4 million in 2006, a 10.8% percent increase.1
Who pays the medical costs?
1 of every 6 dog bite injuries requires medical care; 1 of every 14 requires emergency care.2 Victims that need such treatment often pay the cost themselves. Several important factors weigh into the question of "Who pays?" Some states have a "one-bite-rule" that shields dog owners from liability if the incident was the dog's first bite. Other states disallow civil recourse if the attack occurs on the owner's property. About 50% of all dog bites occur on owner property.3
In November 2007, 21-year old Jennifer Lowe was visiting a friend who owned two pit bulls that had been declared "dangerous" by county animal control. The owner, Charles Smallwood, left the house to run an errand. When he returned, Jennifer was near death after being mauled by the two dogs. She died on route to the hospital. Because the attack occurred on owner-property, Jennifer's family had no civil or criminal recourse against the dog owner.
Off-property attacks tend to have more teeth. An off-property attack assumes the dog was not constrained and therefore the owner is responsible. The usual method of getting medical reimbursement is through the dog owner's homeowners insurance policy. If the dog owner is a renter and uninsured, the victim may be out of luck. Owners of breeds that inflict the most damage, pit bulls and rottweilers, are commonly judgment proof because many insurance companies do not insure these breeds.
When the dog owner is insured, the victim can expect several years before payment. Dog bite injuries take time to heal. Settlement negotiations with an insurance company usually start after full healing occurs. In the meanwhile, the victim incurs many costs. If hospitalization was required after the attack, the victim can expect to stay 3.6 days4 in emergency care. If surgery was required -- as it often is for attacks that involve facial and bone injuries -- a victim's first night in care can easily reach 20 thousand dollars.
Related articles:
11/15/07: 2007 Fatality: Jennifer Lowe, Killed by Two Pit Bulls, No Charges Filed
10/12/08: New Type of Surgery Used For Dog Attack Victim
Types of wounds inflicted by dogs
Wounds inflicted by dogs can be overwhelming, especially to children. The small height of a child almost always results in facial wounds. Repairing these wounds usually requires reconstructive surgery. Techniques such as grafting and microsurgical repair need multiple operations over time. Scar diminishment treatments, such as, dermabrasion (sanding of the skin) and pressure scar modification, also require multiple procedures.5
According to the CDC, most dog bites consist of puncture (40%), laceration (25%) and contusion (6%) wounds.6 Fractures, amputations and infections also result. Repairing bone damage of crushing and fracture injury often requires multiple operations and physical therapy. Nerve damage may also be a factor. When nerve damage occurs, the victim may suffer permanent loss of feeling in parts of a limb and in worst-case scenarios, complete loss of use of a limb.
Related articles:
11/15/07: Surgery Helps 6-Year Old Recover from Rottweiler Attack
04/18/08: $1.8 Million Dog Attack Settlement Awaiting Florida House Approval
Psychological damage
Nearly all dog bite victims suffer psychological damage, including Post-Traumatic Stress Disorder (PTSD). Even with treatment, fear of another attack may never fade. Each time a victim walks down a sidewalk, strolls through a park or visits a dog owner's home, the trauma returns. Man's best friend -- to the irony and horror of a dog bite victim -- is fully integrated into our society. Stories abound, particularity about senior citizens, who simply never leave their home again after a dog attack.
In a story published by The Mercury News, Angela Silva talks about her life after a dog attack. In September 2007, a neighbor's pit bull charged into Angela's garage in Fremont California, where she stood holding her 4-month old child. The dog lunged at the child while it was in her embrace. She placed her son into a garbage can and vainly tried to swat the dog away. The pit bull shredded through her two forearms before help arrived.
Four months after the attack, she has yet to take a walk outside. She gets "fresh air" by sitting on her porch behind a new wooden fence that her boyfriend built. In an effort to distance herself from the dog's owner, who lived across the street, she moved to a new location. But even in her new home, she continues to have dreams filled with mad, vicious dogs.7
Related articles:
12/18/07: The Scars of Angela Silva: The Enduring Effects of a Pit Bull Attack
12/18/07: 4-Year Old Severely Injured By Dog Grandparents Watching
Human relationship damage
Nearly all dog bites are a complex mixture of elements involving human bonds. A dog bite victim frequently knows the owner of the dog, who may be a neighbor, relative or friend. Many dog owners deny the seriousness of injury inflicted or blame the victim for the attack. While blaming the victim is a universal phenomenon, it is nearly always the case in dog attacks. This may be true because dogs are a metaphorical "extension" of their owner.
Many states do not automatically euthanize after a first, second and sometimes third human bite. This sets up an adversarial and fear-based relationship when the dog owner is a neighbor. Too often, once the dog is returned, the owner continues to defy proper constraint rules. Victims in these instances become imprisoned in their home. Even if authorities can witness and cite the dog owner for these violations, it's usually just a small monetary fine.
Some dog owners go as far as engaging in harassment, this is particularly true with pit bull owners. Last year in Stratford, Connecticut, 5-year old Payton Stern was severely mauled by her neighbor's pit bull. She had been at the neighbor's house playing with the owner's daughter when the attack occurred. Payton was badly bitten on her arms and legs and bleeding profusely when the ambulance arrived.
The dog was impounded after the attack and spent the next four months at animal control. During this time, Rogers never once asked about Payton; all he wanted was to bring his dog home. When officials finally ordered the dog euthanized, Rogers hung signs near the Stern's home calling them "murderers." The Stern family filed a harassment complaint with the police and moved to a new home.
When the attack stems from a dog owned by a family member or friend, even more disturbing results occur. After decades of a solid bond, such relationships are often left in shambles, and for the primary reason that the dog can't be blamed, yet neither can the owner. In the end, a dog bite victim is left with little means of recourse, physical and psychological scars and broken human relationships.
Votes:9