I was walking a male Golden Retriever who lifted his leg on an expensive-looking artisan garden gnome in a neighbor’s yard. The acidic urine stained the patina, and the neighbor (who apparently hates the dog owner) came out screaming about “Property Damage” and is demanding $300 for restoration.
Key Takeaways
- Third-Party Property Damage: This is the core of General Liability. You damaged the property of a “Third Party” (the neighbor) while performing your work.
- “Care, Custody, Control” Doesn’t Apply: The CCC exclusion applies to the dog and the client’s house. The neighbor’s gnome is fair game for liability coverage.
- The Deductible Problem: Your liability deductible is likely $100, $250, or $500. If the claim is $300, insurance pays nothing (or very little). You are paying this out of pocket.
- Trespassing: If you were on their private property without permission, they could add trespassing to the complaint.
The “Why” (The Trap): The Deductible
This is a classic “nuisance claim.”
You are technically liable. You let the dog damage property.
However, filing a claim for
300isfinancialsuicide.∗∗TheMath:∗∗Claim(300isfinancialsuicide.∗∗TheMath:∗∗Claim(
300) – Deductible (
250)=Payout(250)=Payout(
50).
Result: You get $50, but you have a “Property Damage Claim” on your record for 3-5 years, raising your rates by 20%.
[IMAGE: Photo of a corroded metal lawn ornament with a price tag overlay]
The Investigation: I Called Them
I asked, “Is urine damage covered?”
1. State Farm (Business)
- The Answer: Yes, it is “Property Damage.”
- The Advice: “Don’t file this. Pay it cash.”
2. PCI
- The Answer: Covered. But again, subject to the deductible.
3. Legal Liability
- The Reality: If the neighbor sues you in Small Claims court, your insurance has to defend you (Duty to Defend). This means they might spend $2,000 on a lawyer to fight a $300 gnome case. They will likely just cut the neighbor a check to shut them up.
Comparison Table
| Claim Amount | Deductible | Net Payout | Premium Increase Risk |
| $300 | $250 | $50 | High |
| $1,000 | $250 | $750 | High |
| $5,000 | $250 | $4,750 | Worth it |
Step-by-Step Action Plan
- Rinse It: Immediately pour water on it to mitigate damage.
- Apologize: “I am so sorry, I didn’t pull him back fast enough.”
- Offer to Clean: “I will pay for a professional cleaning.”
- Pay Cash/Venmo: Get a receipt that says “Full and Final Settlement for Gnome Damage.” Have them sign it. Keep it forever.
FAQ
Can the dog owner be sued?
Yes, but the owner will point the finger at you. You had custody.
Is pee “pollution”?
Generally no. It is considered physical damage.
What if it was a $50,000 prize winning rose bush?
Then file the claim. That is why you have $1 Million in coverage.