Dog Bite Law: Top 7 Ways to Save Your Pet From Euthanasia
A friend of mine approached me quite distressed yesterday, and his situation has left me a little distressed as well. His dog bit his neighbor. The dog was on a leash at the time on his own property, but reacted aggressively when the neighbor tried to approach him. Thankfully the bite didn’t appear too serious, but the event was nevertheless quite upsetting for everyone involved.
A dog bite can be almost as traumatic for the owner as it is for the victim. In addition to the obvious concerns about the well being of the victim, a dog bite can have serious financial implications for the owner and can be a matter of life and death for the dog.
The Common Dog Bite Myths
There are as many myths about the law surrounding dog bites as there are breeds of dog. Some people will tell you that the law says that any dog that bites must be put down; others will say that a dog can’t be destroyed for a single, isolated incident. They’re both wrong. The old common law rule was that a dog owner could be held liable for his pet, but that “every dog is allowed one bite”. In other words, a single incidence of aggressive behavior wasn’t enough to doom the dog, but the owner was on notice from that point forward and would be held fully responsible for any future attacks. However, many places have introduced laws to replace this old rule, and this will be what determines what happens in the case of a dog bite. Here in Newfoundland and Labrador, that law is called the Dog Act and it says that a dog owner is liable for the actions of his dog, regardless of whether or not the dog has a history of aggressive behaviour. Ontario has a similar law, as do many other jurisdictions. It also gives a court the power to order any “dangerous dog” destroyed if it is satisfied that the dog is truly dangerous or has attacked a person or other animal. In most cases, the authorities can’t just destroy your dog without getting an order from a court, and if things do get this far you have a right to be heard and present your side of the story.
Action Steps to Take If Your Dog Bites Someone
So, what should you do if your dog bites someone? The first and most obvious thing to do is to offer any assistance necessary to the victim. This has nothing to do with the law and everything to do with being a decent human being. Help out however you can. If your moral compass doesn’t point you in this direction, keep in mind the purely practical side- this person could easily make your life very difficult in the near future, and your cooperation and goodwill may go a long way in bringing things to an amicable resolution. Once the immediate concerns have been dealt with, here’s what you need to do:
Don’t panic: Your dog isn’t the first to bite, and it won’t be the last. You’re not automatically going to lose your dog, and your insurance may cover any financial liability. This is a serious situation, but not necessarily a disastrous one.
Talk to any witnesses: Check to see if anybody saw the incident, and politely speak with them. You may want to get their name and number in case you need to contact them again at some point down the road. It’s quite likely that your version of events will differ from those of the victim, and independent witnesses may be the best route to finding the truth that lies somewhere in between.
Talk to your insurance company: Most homeowner insurance policies will cover liability for dog bites. If there are injuries or a chance that the victim will take any sort of legal action against you, call your insurer to inform them of the incident and see what advice they have to offer. They will likely appoint an adjuster to investigate the claim and, if necessary, a lawyer to defend you. Don’t admit any liability or offer to pay any expenses before talking to your insurance company.
Offer to pay expenses: If your insurance company isn’t going to cover you or you choose not to get them involved, you should consider offering to pay for any direct expenses that the victim incurs, such as medical costs or prescriptions. This is another one of those goodwill gestures that you can offer in an attempt to resolve the matter, and in the majority of cases you’re ultimately going to be held liable for these expenses in the end. Acting early and with compassion can help ease the situation and may put you in a better position if matters do escalate. If there are reasons why you think you’re not responsible, such as provocation, consult with your lawyer to get an idea of where you stand.
Talk to your vet and local dog trainer: Talk to the professionals about the incident and get their take on what occurred and your dog’s demeanour in general. They’ve got more experience with aggressive animals than you do, and they’re likely to be more objective as well. Listen to their advice, even if it’s not what you want to hear.
DON’T talk to police or animal control without consulting with your lawyer: Finally, if the authorities want to question you or ask you about the incident, know that you’re under no obligation to speak with them. That doesn’t mean you should obstruct their investigation, but you should consult with a local lawyer before answering any questions or giving any sort of statement. This is a good approach for any situation involving police questioning, but especially when your pet’s life may be on the line.
I am as much a pet lover as anyone, and I understand the attachment people have to their pets. If a court thinks that your dog is aggressive or this behavior is likely to happen again, there’s a definite chance that it will order your dog euthanized. Even if the court doesn’t make such an order, it is your duty as a responsible pet owner to look at the situation as objectively as possible and, with the help of your vet and trainer, decide if putting your dog down is the appropriate response. I wouldn’t go so far as to say that any dog that bites should be destroyed, but in some cases that will be the best and most responsible course of action. Also keep in mind that while you may be able to deal with one biting incident, any future incidents will almost certainly result in substantial liability and the destruction of your pet. You will need to remain extremely cautious in the future, as a second incident will be taken much more seriously than the first.
[thanks to orin zebest and money grubbing lawyer via cc]
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HI MY DOUGHTER 11 YRS AT 105LB WAS WALKING MY DOG AT 45LBS HE WAS ON THE LEASH AT THE TIME HE BIT A 8 YRS BOY THAT HIS FATHER WAS IN CAL. AND HIS MOTHER WAS AT WORK NO SUPERVISON. WHEN HE RAN UP FROM THE BACK OF THE TWO KIDS AND THE DOG BIT HIM ON THE BACK SIDE. THE DOG IS A CHINESE SHARPEI THE PEOPLE ON H O A SAY THAT HE IS A PIT, THIS WAS CERTIFIED BY THE ANIMAL FOUNDATION,AND MY VET. HE ALSO HAD A 300 DOLLER DEP. ON MY LEICE WHERE I LIVE, THAY ALSO SAY HE WAS NOT REGED LIVING HER. THE H O A. SAY HE GOS OR I GO.
My dog just bit someone for the 2nd time. Is it inevitable that he will be put down? The 1st time was a simple puncture wound, not serious. This time it was worse and req’d 20 stitches on the leg. I am so upset. He is a great dog but overly protective. I just had him neutered to try and calm him down a few weeks ago. I am afraid to call the Board of Health. I know they have been notified both times, (by the hospital) so I’m assuming they will be contacting me shortly. What should i do?
He was mistreated as a puppy by his original owners. I got him when he was about one yr old. He is now 90 lbs, not sure the breed. Everyone says he looks like a bull mastiff mix. Possibly an italian bull mastiff. He is so sweet 99.9% of the time. He just gets panicky when someone approaches my yard or house. He acts like everyone is an intruder unless we walk up with them. Great guard dog for sure, but now i’m afraid he might be taken away. This just happenned yesterday.
I am just heartbroken. I told the man he bit yesterday I will pay his medical bills. He was in my neighbors yard, right by my yard (its really a common side yard about 10 feet wide).
My dogs leash was partially broken loose ( a lead line from the garage to a tree, one side came loose/off) and he had a longer range than he is supposed to have so he could reach him there.
He says he doesnt want the dog to be put down, but i dont think its up to him anyhow. its up to the board of health right? Any advice you can give me is greatly appreciated!