Course Description

Animal Liability

(Animal Liability for Insurance Professionals)

The Animal Liability course is designed to familiarize adjusters and litigators with important aspects of common law and statutory liability for injuries caused by animals. The module is presented by attorney Daniel R. Simmons, from the firm Heyl Royster, Steve Heffelmire, Divisional Vice President of Claims at Great American Insurance Company, and Julie I. Fershtman, from the firm Zausmer, Kaufman, August, Caldwell & Tayler, P.C.

There has been a steady increase in litigation surrounding animal liability. The stark differences between liability under the common law and state statutes warrants a closer look when dealing with such claims. The Animal Liability course details the relevant laws surrounding dog-bite cases, fencing and farming law, and equine law.

After completing the course, the attendee will be able to explain or describe the common law notice requirement of viciousness or propensity for viciousness for owner liability in dog bite cases; general provisions of state statutes eliminating the “one-bite” rule where notice is no longer required; a dog owner’s three potential defenses under the statute of ownership, location, and provocation; the analysis necessary to rule out provocation; how fencing and farming law affects neighboring operations; the prevalent common law on adjoining adjacent property; the breadth of the legal standard of ordinary negligence; the importance of Equine Activity Liability Acts in offering immunity for inherently equine activities; the six exceptions to the EALAs; the requirements of sign-posting and specific contract language for the EALAs; and the five defenses to equine liability, along with a host of other helpful suggestions.

The course is designed for practitioners and insurance professionals working in the area of insurance coverage and litigation for animal liability.