Should a 鈥測ou break it you bought it鈥� type accountability apply to dog attacks?

It does in Ontario, where they have enacted a Dog Owners鈥� Liability Act. You can access the act through this

Legislation can be difficult to understand. But not the key provision in this act: 鈥淭he owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.鈥�

How simple and straight forward is that?

Things are different in British Columbia. A recent explanation of how our laws work is provided by the , under the heading 鈥淭he Legal Responsibilities of Dog Owners鈥�.

He starts out with the reasonable proposition: 鈥淥ne might think it reasonable that pet owners should simply be responsible for personal injury or property damage caused by their pets.鈥�, and then goes on to explain how that is not necessarily the case.

A dog owner in British Columbia escapes civil accountability by proving that there was nothing in their dog鈥檚 history that led the owner to expect that the dog might attack.

It is sometimes referred to as the 鈥渙ne free bite鈥� rule.

If your dog has never before bitten anyone, you are not accountable for the first time they do. It鈥檚 not quite that simple, but pretty close.

But what dog owner, after their dog has attacked someone, is going to fess up about the dog鈥檚 previous behaviour?

That problem is compounded by the fact that the least responsible dog owners are the ones most likely to own unpredictable and dangerous dogs. And irresponsible people are perhaps the least likely to be honest and forthright when faced with the possibility of having to compensate a victim.

Unless there is a public record of a previous attack, because of dog control involvement, how to you get around the owner simply saying 鈥淕oodness, I had no idea my dog would ever do that. It鈥檚 certainly never happened before!鈥�

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Lawyers pursuing civil accountability for dog attack victims wear more of a 鈥減rivate investigator鈥� hat, than a lawyer one. In addition to other investigative steps, friends and neighbours of the dog owner are interviewed in the hopes that previous aggressive behaviour was witnessed.

Though even if friends and neighbours had witnessed previous aggressive behaviour, their relationship with the dog owner might get in the way of their own willingness to be forthright.

With a lack of honesty, one free bite can turn into fifty.

Our dog accountability laws in British Columbia are truly a dog鈥檚 breakfast!

And why should a dog owner get 鈥渙ne free bite鈥� anyway?

Consider a model pet owner who enrols their animal in all sorts of obedience training. And a dog that has never exhibited anything of aggressive behaviour.

It鈥檚 an animal! Animals, by their very nature, have some degree of unpredictability.

If I choose to own an animal and choose to have it off leash without a muzzle, shouldn鈥檛 it be me instead of an innocent victim who shoulders the financial burden of an attack?

That鈥檚 the way it is in Ontario, and I think it鈥檚 time we do the same here. It鈥檚 as easy as creating the political will to copy and paste Ontario鈥檚 Dog Owners鈥� Liability Act into British Columbia鈥檚 law books.

Please send a link to this column to your MLA if you agree.

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