Earlier this year I had the misfortune of being “rushed” by a dog while I was doing my early morning walk along a popular exercise route on the hill in Chancery Hall. Fortunately, I successfully defended myself against my canine assailant and swiftly fled without sustaining any bites. The dog that tried to attack me had a collar, was of a high pedigree and was outside the gate of a large house, so I assumed it had an owner. Many other people in similar situations have not been so lucky and sustained injuries as a result of bites from dogs outside their owner’s premises, but what recourse does the law offer to individuals in these situations?
The Dogs (Liability for Attacks) Act was passed in 2020 to protect persons by designating criminal and civil liability in cases where they are attacked by dogs in public spaces or roads. Section 6 of the Act states that where a dog causes injury in a public place, the owner of the dog commits an offence. The penalty for this offence is a fine not exceeding $500,000 or if the fine cannot be paid, imprisonment for up to 6 months. Section 4 of the Act also places a duty on dog owners to ensure that their dog is on a leash or has on a muzzle whenever in a public place, thereby preventing it from attacking any individual or animal. The first breach of this section is punishable by a warning by the police. Any breach thereafter is punishable by a fine not exceeding $500,000.
In addition to the criminal penalties, section 5 of the Act establishes civil liability in damages for owners whose dogs cause injury to persons in public places. This means that a person who is walking along a public roadway or in any other public space and is attacked and injured by a dog can sue the dog’s owner for compensation for their injuries.
Now I know what all the canine owners are thinking: “What if it’s the person’s fault that the dog bit them? Or what if the person was trying to break into my yard?” Or any other reason you might believe would justify the outcome of your dog biting someone. Well, there is good news; the law provides some defences to remove both criminal or civil liability. Some defences are (1) the attack occurred in defence against a criminal offence by the victim (2) the individual attacked was trespassing or in a place they weren’t authorised to be (3) the attack was caused by deliberate provocation of the dog by the victim (where the victim is older than fourteen years).
The law is on the side of those who abide by it. So, I encourage dog owners to ensure their furry friends cannot easily escape the confines of their premises and cause any harm to unsuspecting persons, or they may find that their carelessness will come back to bite them.