Dog Owners’ Liability Act (DOLA – Ontario) – Another reason to make sure your Liability Insurance is adequate!

As with any pet, with the ownership of a dog comes the added responsibility and legal liability to others for injury or property damage it may cause.

-         According to the Canada Safety Council, there are 42 Canadians bitten every hour by a dog

-         Canada Post delivery personnel reported over 500 dog bite incidents in 2007 (CUPW)

-         Between 1990-2007 there were 28 fatal dog attacks reported in Canada

-       WSIB reported dog bite claims increased by 22% between 2005-2007

In Ontario, if a dog bites you, you may bring a civil action against the dog’s owner for damages.  The DOLA states that the owner of a dog is liable for damages resulting from a bite or attack and that liability does not depend on the owner’s fault, negligence or knowledge of the propensity of the dog to bite or attack.

The Act further provides that any individual can start a court proceeding. In these proceedings, an individual can also seek a court order related to a dog. These orders can provide for destruction of the dog or require that the dog’s owner take certain measures in relation to the dog such as requiring that the dog be muzzled or leashed.

Violations of various Ontario statutes, including DOLA, constitute provincial offences and may be prosecuted under the Provincial Offences Act.  After charges are laid, a Crown attorney presents the case in court.

From an insurance standpoint, homeowners (including condominiums), and renters insurance policies typically cover dog-bite liability up to the limits of liability selected on the policy.  Limits usually start at $1,000,000 although lower, and higher limits are often available.   Those without insurance would become personally liable.

USA situation: Along with being a popular travel destination, the USA has become a first or second home to many Canadians – and their dogs.  Special consideration needs to be taken.

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. In most states, dog owners aren’t 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.

During the summer of 2011 a Washington Superior Court jury awarded a $2.2 million verdict — $100,000 in medical bills and $2.1 million for pain and suffering – to a woman who was attacked in her home near Tacoma, Washington, by two neighborhood pitbulls. The plaintiffs’ attorney sued the dogs’ owners, whose homeowners policies were limited to $100,000 each, and the county for failing to declare the dogs a potential danger under a local ordinance.

On January 26, 2001, two Presa Canario dogs attacked and killed Diane Whipple in the doorway of her San Francisco, California, apartment. The owner of the dogs, Marjorie Knoller, a San Francisco lawyer, was convicted of involuntary manslaughter and keeping a mischievous dog that killed a person—she was sentenced to four years in prison for involuntary manslaughter and was ordered to pay $6,800 in restitution. Her husband, Robert Noel, was convicted of two lesser charges but also received a four year prison sentence. Knoller became the first Californian convicted of murder for a dog’s actions. This was only the third time such charges have been upheld in the United States, the first coming in Kansas in 1997.

The National Center for Injury Prevention and Control reports that 337,526 people in the U.S. were injured by dog bites in 2009.  A December 2010 report from the Agency for Healthcare Research and Quality indicates that the number of Americans hospitalized because of dog bites increased by nearly 100 percent over a 15-year period.

Dog bites account for more than one-third of all homeowner’s insurance liability claims, costing $413 million in 2010.  An analysis of homeowner’s insurance data by the I.I.I. found that the average cost of dog bite claims was $26,166 in 2010.  State Farm Insurance reports that in 2010 it had the highest number of dog bite claims in California (369 claims, costing approximately $11.3 million), followed by Illinois (317 claims, costing approximately $9.7 million) and Ohio (215 claims, costing approximately $5.7 million).

Coming to Canada?  Many USA insurers are taking steps to limit their exposure to such losses. Some companies require dog owners to sign liability waivers for dog bites, while others charge more for owners of “biting breeds” and others are not offering insurance to dog owners at all. Some will cover a pet if the owner takes the dog to classes aimed at modifying its behavior or if the dog is restrained with a muzzle, chain or cage. It is unlikely that insurers will begin offering specialty insurance policies just for dog bites since the cost of such policies would be prohibitive.

Sincerely,

The Insurance Advisors @ Guthrie Insurance Brokers Ltd

Toronto – (416) 487-5200  – 1-888-310-SAVE (7283)

www.GuthrieInsurance.com   -   info@GuthrieInsurance.com

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Canadians concerned about online fraud related to smartphone apps and social media sites

Given the increasing popularity of smartphones, tablets and social media sites, many Canadians are concerned they might become victims of online fraud schemes targeting these technologies.

Eighty-four per cent out of 1,000 people surveyed in an Environics poll, commissioned by TD Canada Trust, indicated they are concerned about online fraud.

Overall, fewer Canadians overall reported being concerned about becoming a victim of fraud compared to last year (72% versus 79% in 2011).  However, many said they are worried about emerging types of fraud — such as online fraud (84%), malicious social media apps (77%), phishing (72%) and fraudulent cell phone apps (61%).

Justin Hwang, associate vice president of fraud management at TD Canada Trust, said consumers should be aware of the use of malicious smartphone and social media apps designed to steal personal information, which is then used to commit fraud.

The TD Canada Trust survey found Canadians are taking action to protect themselves.

The two most popular ways for Canadians to protect themselves from fraud included ensuring their computer’s security software and virus/malware protection was up to date (86%), and subscribing to the highest level of privacy on their social media accounts (73%), according to the 2012 TD Canada Trust Fraud Prevention Month poll.

Other protective actions included:

• using an automatic lock function with a password-protection feature whenever their mobile phone, tablet, computer starts-up or times-out (54%);

• never texting or emailing banking information (46%);

• never downloading social media apps from unknown sources (45%); and

• never sharing email or social media site passwords (45%).

Sincerely,

The Insurance Advisors @ Guthrie Insurance Brokers Ltd

Toronto – (416) 487-5200  – 1-888-310-SAVE (7283)

www.GuthrieInsurance.com   -   info@GuthrieInsurance.com

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Coming to Ontario? Manitoba police have handed out 500 traffic violations in 2012 involving driving while using cell phones and texting

Police in Manitoba have handed out more than 500 handheld, cell phone or texting traffic violations throughout the province thus far in 2012.

Even so, Manitoba Public Insurance (MPI) cites a recent survey showing that even though drivers have been prohibited from texting and using a cell phone as of July 2010, drivers still continue to do so.

“We’re challenging Manitoba drivers to put down their hand held devices,” Ted Hlynsky, vice president of claims control and safety operations at Manitoba Public Insurance (MPI). “The statistics are eye opening”.

“A texting driver is 23 times more likely to get into a collision than the non-texting driver.  Statistics from 2010 report that 38% of fatal crashes in Manitoba have distracted or careless driving as a contributing factor.”

Earlier this month, Manitoba’s public auto insurer announced it was providing $120,000 in funding to police agencies ¿ Winnipeg Police Service, RCMP and Brandon Police Service ¿ to conduct target, dedicated enforcement towards distracted drivers during February.

Sincerely,

The Insurance Advisors @ Guthrie Insurance Brokers Ltd

Toronto – (416) 487-5200  – 1-888-310-SAVE (7283)

www.GuthrieInsurance.com   -   info@GuthrieInsurance.com

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