Chicago, IL asked in Personal Injury for Illinois

Q: I went to go stay and visit with my old college roommate

and he and his wife asked me to walk their dog while they went to work. The dog took off on his leash and I was injured chasing after it. Does my friend's home insurer need to pay for my expenses?

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2 Lawyer Answers

A: No. They weren't careless in maintaining their property. Sounds like you misjudged your ability to handle the dog or his leash.

Sorry.

Robert D. Kreisman
PREMIUM
Answered

A: There is a recent US Court of Appeals case on point on this issue. Whether or not your friend was somehow negligent because of the behavior of his dog is one thing, but the case I refer to specifically decided the question as to whether or not the homeowner's insurance policy insured this event. The Court of Appeals said "no"; the insurance company excluded coverage for the injuries to a person visiting who walked the homeowner's dog which led to an injury. In that case, the court held that the injured person (the dog walker) was not an "insured" under the policy and therefore precluded from coverage. Only owners or keepers of dogs are legally responsible. This was an Indiana case. It sounds like this may be the same case. American Family Mutual Insurance Co. v. Williams, et al. No. 15-3400 (U.S. Court of Appeals for the 7th Cir., Aug. 8, 2016).

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