Monthly Archives: July 2011

Dog Bite Liability

Sixty-two percent of U.S. households, or 72.9 million homes, own a pet, according to a 2011 survey from by the American Pet Products Association.

Over the years, many states have passed laws with stiff penalties for owners of dogs that cause serious injuries or deaths. In about one-third of states, owners are “strictly liable” for their dogs’ behavior, while in the rest of the country they are liable only if they knew or should have known their dogs had a propensity to bite (known as the “one free bite” principle). 

Dog Owners’ Liability:   Dog owners are liable for injuries their pets cause if the owner knew the dog had a tendency to cause that kind of injury; if a state statute makes the owner liable, whether or not the owner knew the dog had a tendency to cause that kind of injury; or if the injury was caused by unreasonably carelessness on the part of the owner. 

Three kinds of law impose liability on owners: 

1)    A dog-bite statute: Where the dog owner is automatically liable for any injury or property damage, the dog causes without provocation.

2)    The one-bite rule: where the dog owner is responsible for an injury caused by a dog if the owner knew the dog was likely to cause that type of injury—in this case, the victim must prove the owner knew the dog was dangerous.

3)    Negligence laws: where the dog owner is liable if the injury occurred because the dog owner was unreasonably careless (negligent) in controlling the dog. 

In most states, dog owners are not liable to trespassers who are injured by a dog. A dog owner who is legally responsible for an injury to a person or property may be responsible for reimbursing the injured person for medical bills, time off work, pain and suffering and property damage.

Safety or bust! Protect your home while you’re away

Whether you’re road-tripping to a neighboring city or relaxing for a week in the Caribbean, protect your New York home by following this quick checklist. (Keep in mind that with short trips, you might skip some of these to-do’s.)

Security to-do’s

  • Set a timer to turn exterior and interior lights on and off when you normally would, or use a mobile app to control lights remotely.
  • Stop your mail and newspaper deliveries.
  • Ask a neighbor to keep an eye on your New York home and, if necessary, bring your recycling and garbage cans to and from the curb on pickup day.
  • Hide and/or lock up valuables, like jewelry.
  • Inform your security system provider and local police of your travel dates, so they can take extra steps to protect your New York home, if necessary.
  • Don’t share your travel plans on social media sites.

Preventive to-do’s

  • Turn off the water supply to your washing machine, sinks and toilets, or consider installing a system that will shut off water where it detects a leak.
  • Unplug electronics and appliances, or use a mobile app to control appliances remotely.
  • If freezing weather is a possibility: Clear gutters and downspouts, remove garden hoses from exterior faucets and open cabinet doors under sinks to keep your pipes warm.

5-Minute Auto Check: Sideways Glances

Are you making your automobile‘s blind spots worse? You could be if you were taught that a driver should be able to see the side of the automobile in the side-view mirrors. Ditch that practice!

  • Follow This New Advice:
    Drivers should position their side-view mirrors so that they don’t see the sides of their New York automobiles while driving, according to the U.S. Department of the Interior.
      
  • The Benefits Are Clear:
    The new positions minimize blind spots by allowing a following New York automobile to be seen immediately in the side-view mirror after its view is lost from a rear-view mirror.
      
  • Adjust Your View:
    While sitting in the driver’s seat, lean your head to the left (against the window). Adjust the right-hand side-view mirror so that you can just view the side of the New York a. When you return your head to normal driving position, you should not see the side of the car. To adjust the left-hand mirror, move your head right (toward the center of the vehicle).

WHIPLASH AND VEHICLE SAFETY

Head and neck injuries (whiplash) that occur in auto accidents can be severe. Some automobiles provide much better protection than others for the occupants. The Insurance Institute for Highway Safety (IIHS) has conducted numerous safety tests over the years.

The most recent test at IIHS looked at seats and head restraints in 87 different trucks, minivans, and SUVs. Fifty-four of the vehicles tested (62 percent) provided what IIHS termed as “poor” or “marginal” protection from neck injuries in rear impacts. Twenty-one models earned a “good” rating, and twelve were termed “acceptable.”

When an automobile is struck in the rear, the seats move the occupants forward. If the head is not properly supported, it will lag behind the rest of the body, causing whiplash. In order to reduce whiplash injury, the head restraint must be located behind the head. If the head restraint is properly located, it will support the head as the body is pushed forward in a rear-end collision. 

When insurers assign rates to a car, one of the factors considered is its relative safety. Before buying a new car, consult your Long Island Insurance Agency at C.H. Edwards, Inc.  we will have some good information for you about a vehicle’s safety rating and how that safety rating might affect the premium of your insurance policy.