Full question:
Our neighbor fell and hurt himself on his property. He claims that he was being chased by my 24 year old son's dog; which neither dog or son live with us. There was no witness to this act. The neighbor filed a police report making these claims. The dog (not sure who's dog) did not bite the man, yet the neighbor wants our homeowners insurance to pay for his injury ... it's this neighbor man's word only - what to do?
- Category: Real Property
- Subcategory: Homeowner's Insurance
- Date:
- State: Georgia
Answer:
In this situation, it appears to be your neighbor's word against yours and your son's, especially since there were no witnesses. Even if your neighbor can prove that your son was responsible for the dog and that the dog chased him, you might not be liable. This is because your son does not live with you and may not be covered under your homeowner's insurance policy. Additionally, homeowner's insurance often does not cover incidents that occur away from the insured property.
It's important to review your homeowner's insurance policy to understand its terms regarding liability, particularly concerning pets and incidents that happen off your property. If your neighbor pursues a claim, it will be up to a judge or jury to determine if he has provided enough evidence to support his claim.
Homeowners have a duty to maintain safe conditions for visitors. If someone is injured due to a hazardous condition on your property, you may be held liable. However, if the injury occurred off your property and involved a dog that is not under your control, your liability may be limited.
Liability insurance typically covers damages up to the policy limit and protects your personal assets in case of a judgment against you. It also provides a defense for claims that could be covered. However, the insurance company may not be responsible for paying damages for certain claims, especially if they involve intentional acts or exclusions in your policy.
In Georgia, dog owners can be held liable for injuries caused by their dogs under certain conditions (Ga. Code § 4-8-4). If your son is deemed the owner or custodian of the dog, he could be liable if the dog caused injury. However, if the dog was not under his control, liability may not apply.
Overall, consult with your insurance company and possibly a legal professional to discuss your options and the specifics of your case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.