Being a dog owner can bring immense joy and companionship to you and your furry friend. However, this role also comes with significant responsibilities, including preventing your dog from harming others. New and seasoned dog owners must be aware of and understand the legalities involved with dog ownership. Local and provincial governments have established doctrines concerning owner liability for dog bites and attacks. It’s also essential for individuals who do not own dogs to be aware of these laws, as liability issues are not always as straightforward as they may appear.
Who is Responsible for a Dog Bite?
Determining dog bite liability depends heavily on the circumstances surrounding the incident. Even the events leading up to the event affect liability. That being said, dog owners always have the legal obligation to ensure their dog is properly trained and socialized, kept on a leash in public areas outside of designated off-leash zones, and monitored for any signs of aggression. Additionally, compliance with licensing and identification requirements is mandatory.
Legal Grounds for Dog Bite Liability
In BC, local governments set and enforce animal control bylaws. Typically, these regulations cover aspects like licensing, leash laws, and pet ownership limits to ensure community safety and incident prevention. Beyond municipal laws, several overarching provincial legal principles exist to help decide dog bite liability cases.
“One bite” rule
Also known as scienter, the “one bite” rule essentially states that dog owners likely won’t be held liable for their dog’s first infraction so long as there was no prior knowledge of aggression. However, this principle also places strict liability on dog owners who knew or ought to have known their dog’s tendency to cause harm.
Negligence
If dog owners fail to exercise reasonable care in preventing their dog from causing foreseeable harm, they can be held liable. For example, this could include situations where an owner disregards leash laws or neglects to restrain their dog knowing it can be aggressive around strangers.
Occupiers’ Liability Act
If property owners or occupiers fail to take reasonable steps to ensure visitors are safe from dog bites or dog attacks on their property, they can be held liable under the Occupiers’ Liability Act.
Factors Affecting Dog Bite Liability
While there are many situations where owner liability for dog bites applies, certain factors influence the degree of responsibility. In other words, victims can sometimes share culpability with dog owners if the dog was provoked by the victim or the victim was trespassing on the dog owner’s property.
Provocation
Victims may be partially liable for their own injuries if they provoked the dog that bit or attacked them. Dog owners may still see some liability if their dog’s reaction was considered excessive or disproportionate.
Trespassing
Similarly, victims who were unlawfully on a dog owner’s property at the time of the incident could share in liability. As with provocation, dog owners can be held partially liable in these cases if their dog’s response was highly aggressive.