Junk Yard Dog Liability
By Randall C. Resch
I arrived at a competitor’s tow yard for a second tow out to pick up a wrecked car for one of my accounts. I’d never been to this yard before and didn’t know that Jake, a scruffy old rottweiler, steathfully roamed the tow yard.
Like a dope, I walked through the yard’s wide-open gate. In a flash, Jake bounded full speed ahead towards me. If it weren’t for a shortened chain bringing Jake to a halt, I’da been doggie lunch for sure!
Does your insurance agent know you have a junkyard dog? If yes, you should have bite coverage assigned. If your tow facility is protected by a security dog, what liability exists if a customer is bitten by your security dog? The ramifications are overwhelming and can lead to costly lawsuits. Posted signs aren’t enough!
He’s Really Friendly? Don’t Bet on It
Don’t trust any dog owner who tells you “He’s really friendly.” Even if you think you know a dog’s temperament, it may respond with an unexpected attack. In recent news, an article announced that insurance companies were quietly dropping customer coverages based on certain breeds of dogs owned. Specifically, five dog breeds were identified as those dropped from insurance policies.
The article’s narrative generalized certain dogs as being dangerous breeds. The five breeds being dropped were: 1. Pit Bulls 2. Rottweilers 3. German Shepherds 4. Doberman Pinschers 5. Chow Chows. If you have one of these, heads up!
Aggressive or not, dogs may react instinctively to persons known and unknown for varying reasons. True to “junkyard dogs” or “security animals,” dogs trained to “Sick Balls” often do so out of “protectiveness” when they’re raised to protect “its person” or environments they roam.
Dogs also bite if they’re injured, threatened, scared, or if high strung by nature. For the unsuspecting customer wandering through open facility gates, an unrestrained or unsecured animal may attack.
No Ride-Along Doggies
Beyond the risk of dog bites, bringing pets along for the ride poses additional hazards. According to the California Highway Patrol’s TSA, Section 6: “Response to Calls,” Subsection J, “Only tow truck personnel and requested equipment shall respond to a CHP call.” In other words, drivers are prohibited from bringing significant others, family members, friends—or pets—on calls.
Let’s face it. If you’re dog breed is mentioned in one-through-five, there are certain legal responsibilities associated with dog ownership. Having a security dog within the facility is potentially a bite waiting to happen.
Dog Bite Liability and Safety for Tow Operators
Each state enforces strict liability laws holding dog owners accountable for injuries or deaths caused by their animals. Key legal considerations include: -- The One-Bite Rule – If the dog has no prior history of aggression or biting, the owner may not be held liable. – If the dog has no prior history of aggression or biting, the owner may not be held liable.-- Trespassing Defense – If the injured person was trespassing, the owner may have a strong legal defense. – If the injured person was trespassing, the owner may have a strong legal defense.-- Negligence – Liability may arise if the animal was not properly secured or if no warning signage was posted regarding security animals. – Liability may arise if the animal was not properly secured or if no warning signage was posted regarding security animals.
If a Dog Bite Incident Occurs
A lawsuit is likely to follow. Animal owners—or tow business owners—should take these steps immediately:
Initiate EMS if necessary.
Do not admit fault to investigators or bite victims. Avoid making statements about liability.
Seek legal advice from attorneys experienced in bite cases and familiar with local laws. Discuss a defense strategy.
Notify your insurance provider right away.
Cooperate with authorities and follow all reporting requirements from animal control or investigating agencies.
Comply with all orders and instructions during the investigation.
Understand that the offending dog may be impounded and quarantined, and in severe cases, euthanized under court order.
Avoiding the Bite
Tow operators can reduce the risk of bites by following these precautions: -- Call ahead and confirm if a yard dog is secured. and confirm if a yard dog is secured.-- Do not wander through open gates without permission. without permission.-- Never enter another tow facility unannounced..
If an Aggressive Dog Attacks
Your safety comes first. Follow these defensive measures: -- Use any object -- Use any object as a barrier between you and the dog. Don’t worry about the animal’s well-being in an attack. between you and the dog. Don’t worry about the animal’s well-being in an attack.-- Do not allow the dog to take you to the ground—protect your neck, face, and groin.—protect your neck, face, and groin.-- If the dog latches onto you, -- If the dog latches onto you, do not pull away, as this can tear flesh., as this can tear flesh.-- Fight back: punch, kick, and target the dog’s eyes, face, and ribs.: punch, kick, and target the dog’s eyes, face, and ribs.-- If the dog has a collar, use the -- If the dog has a collar, use the “Doggie Sleeper Hold”—grab the collar and twist to subdue the animal.—grab the collar and twist to subdue the animal.-- Be alert for -- Be alert for aggressive behaviorFinal Thoughts
Think smart and consider the risks versus reward in minimizing full time responsibility maintaining a security animal. Don’t wait for an unfortunate dog-bite incident to befall your company. While security dogs are oftentimes described as a necessary evil, be sure you have appropriate insurance coverages.
Whether your company’s yard dog is non-aggressive (or not) towards certain people, there’s huge risk in keeping a security dog.
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 55-years, he has been involved in the towing and recovery industry. In 29-years, he has contributed more than 775-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee.
Email Randy at rreschran@gmail.com.
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