Though dogs and humans have always had a special connection, there are times when that connection is broken. Dogs can suddenly act out of character, becoming highly protective and primal. They may physically lash out or attack, causing injury to humans or other pets. Finding a dog bite lawyer who understands your unique situation is critical. It is also beneficial to have a basic idea of the dog bite laws in British Columbia so you know if you have a potential valid legal claim.
What You Should Know About Dog Bite Laws
The Animal Legal & Historical Center states that approximately 500,000 dog bites happen in Canada per year, with about 1 in 16 being an incident when a dog bites a human. Aside from the obvious physical harm that can occur because of a dog bite, these kinds of injuries can also cause long-term psychological trauma to the victim, owner, or even onlookers.
Different Laws in Different Regions
Animal laws differ across Canada and many provinces have a unique take on common law in regard to dog bite claims. British Columbia and Vancouver even have their own laws regulating dangerous and combative dogs. These legislations cover what is considered an aggressive dog, muzzling requirements, and how animal control professionals deal with combative animals.
Dog Attack Laws in Vancouver
The consequences following a dog bite incident can be significant. Not only may the owner face serious ramifications, but the pet can also face heavy consequences. In Vancouver, the Vancouver Charter and Community Charters empower animal control officers with the authority to take aggressive dogs from their owners. These bylaws place the onus on the dog owner to convince the court that their dog is a safe member of the community. If the court reviews a dangerous dog or dog bite incident, the court may rule that the dog in question must be euthanized. Courts may alternatively mandate the dog attends training or rehabilitation, depending on the severity of the case. The owner may also face fines and civil liability for both human and pet injuries as well as property damages.
Dog Bite Laws in British Columbia
In general, BC law holds dog owners liable for their dog’s behaviour if the owner is deemed negligent, if the dog already has a history of harming others, or if liability can be established under the Occupier’s Liability Act. However, there is another statute commonly cited in dog bite liability laws. The “one bite rule” is applied to dog bite cases where the dog in question has no prior record of aggression toward either people or other animals. In these cases, dogs with first-time offences and their owners are not deemed liable. Instead, the incident is considered an accident. After this warning, any future dog attack incidents would place liability on the dog owner, since a second incident demonstrates a pattern of aggression.
“Negligence” Versus “Scienter”
Negligence and scienter are two different approaches to dog bite laws in BC. Negligence is the more straightforward approach, stating the owner did not think about the potential risk posed by their dog. If they had acted reasonably, they may have kept their dog muzzled or away from busy sidewalks. When the owner does not take reasonable measures to protect others, the injured party has a claim for negligence. An older term, scienter focuses on the owner being completely at fault for the dog’s actions. This is when the owner is willfully blind to any potential harm. Both of these approaches may be helpful to your case.