Q: My neighbour’s daughter came to our farm, selling tickets for a local event. Our dog bit her. Her parents are upset and want to meet. What should I know before the meeting?
A: The first thing to know comes from common sense, not the law. These people are going to be upset and want to know that “something” will be done. Be reasonable and try to be non-confrontational because these situations can easily escalate into much larger disputes.
Try to find out the facts. Did the girl do anything to alarm or upset your dog? Is your dog usually aggressive or protective of your property? Does your dog have a history of attacks?
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All of these matters will affect your position, both from a legal and a practical point of view.
Laws in this area are generally at the provincial and municipal level. Most provinces have dangerous dog legislation. There is a legal test to see if your dog is dangerous. If so, it may have to be destroyed. If you disagree, there is usually a hearing in front of a judge to decide the issue.
Many people believe that every dog is entitled to one free bite. That is untrue. If your dog has never acted aggressively before but savages somebody, it may be put down even though it is the first time. Each case depends heavily on the facts. Some municipal bylaws state that after the first bite or aggressive action, a dog may have to wear a muzzle or be confined.
Check with local and provincial authorities.
Also, the breed of your dog is considered. Some provinces and municipalities have “anti-breed” legislation, such as an outright ban on pit bulls. If this is the case, it is almost a certainty that the dog will be destroyed.
Heavy legal duties are being placed on dog owners, regardless of the breed.
You may be required to leash, tie, or confine your dog to a pen unless it is under your direct supervision or working with your livestock. If you are reckless or disobey a bylaw, you may be fined or even face the prospect of jail. There is the potential for criminal charges under the Criminal Code of Canada.
These criminal consequences are in addition to any civil liability you may owe to the injured party. If your neighbour’s daughter was badly injured and required treatment or surgery, you can expect to pay damages to compensate. These can range in amount and certainly can be significant if for example her face was bitten, requiring surgery.
The dog attack happened on your property so you should check your insurance policy and talk to your agent to see if you have liability coverage.
Most homeowners’ policies have a general liability component. Although there are restrictions, you may have coverage for the damages to be paid and the insurer may have to provide legal counsel for you. It’s well worth it to check.
Alternatively, if you need to have dogs that could be aggressive, consider checking to see if you can obtain liability insurance to protect yourself.
These situations are serious matters and should not be taken lightly because fines and damage awards can total thousands of dollars. Get legal advice early and consider taking steps to protect yourself in advance so this doesn’t happen to you.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
