Dogs, often nowadays viewed as furry family members, can provide a lot of love and companionship to their human owners. Although fulfilling, dog ownership comes with great responsibility, and when things go wrong, you as the owner can be personally liable for the behaviour of your pet.
You may face consequences if your dog is continuously barking, causing property damage, wandering outside your premises, is off-leash in an on-leash area, or most worrisomely, if your dog attacks or bites an animal or person.
Since the COVID-19 pandemic, dog bites have increased by 20%, likely due to poor socialisation of “pandemic puppies”.
Preventing dog attacks is key however, where your dog has attacked or bitten another person or animal, it’s important to seek legal advice from a dog attack lawyer.
If your dog does attack an animal or person, you may be facing a number of consequences relating to the dog directly such as seizure and destruction of the dog, or the dog may be declared as a dangerous dog. Additionally, you may face serious legal and financial consequences.
Obligations as a Dog Owner: Preventing Dog Attacks
As a dog owner, you are responsible and liable for the behaviour of your dog.
Where the owner of the dog is under 18 years old, the parent or guardian of that owner will be considered the legal owner of the dog and will face any legal consequences relating to that animal if that dog attacks or bites a person or animal.
Dog owners have the responsibility of keeping the dog securely confined to their property in order to prevent dog attacks, which are most likely to occur in the immediate vicinity of the dog’s residence.
Where a dog has already been declared a dangerous dog, the owner is required to:
- microchip and desex the dog;
- have the dog wear a dangerous dog collar;
- display signs indicating there is a dangerous dog on the premises;
- house the dog in a way which prevents it from escaping its residence and prevents it from injuring visitors; and
- muzzle the dog and keep it on a lead when outside the owner’s residence.
To avoid your dog becoming aggressive:
- it is important to ensure that it is properly socialised with other dogs, and regularly exercised;
- De-sexing will often help to reduce aggression, as will regular exercise and interaction;
- We recommend attending puppy classes with your new dog, to receive training on how to train your dog, and to assist your dog in becoming well socialised; and
- If further help is required, there are many excellent private dog trainers who can work with you.
Some dog breeds, such as Huskies or Alaskan Malamutes and Staffordshire Bull Terriers feature more regularly in dog attacks. These are not breeds suited to novice or inexperienced owners who may not have or those who do not have time to invest in training or socialisation.
Role of the Council in Dog Attack Cases
- Dog attacks are usually reported to the local council of the area in which the incident has occurred.
- The council then investigates a dangerous dog report.
- If there are reasonable grounds, local councils have the power to seize and remove animals without notification to their owners, and, in some circumstances, can have animals euthanised.
- The Council’s authorised officer will have to determine whether to bring charges against the owner of the dog who has attacked another animal or person.
- If you are charged with an offence in relation to a dog attack, it will be listed for hearing at the Magistrate’s Court and you will receive a summons to appear.
Local councils have the power to declare a dog dangerous and may do so if the dog is believed to have caused serious injury or death to a person or animal by rushing at it, attacking it, biting it, or chasing it.
It is considered that serious injury occurs where the injury requires medical or veterinary attention due to a broken bone, laceration, total or partial loss of sensation or function in a part of the body, or an injury requiring cosmetic surgery.
The dog may also be declared dangerous if the dog is a menacing dog and the owner has received at least 2 infringements for failing to comply with restraint requirements.
Legal Consequences of Dog Attacks
There can be serious legal consequences for an owner of a dog that has attacked another animal or person.
- You may be liable for fines which can amount to thousands of dollars.
- You may also be charged with an offence under the Domestic Animals Act 1994 and have to appear in court.
Whether or not you are found guilty will depend on the facts of the case and how well your case is presented. If you are found guilty of the alleged offence:
- you may be made to pay compensation;
- the offence may go on your criminal record; and
- and you may even face jail time of up to 10 years.
If you are convicted of an offence, this can have consequences in relation to your career and obtaining a visa in some countries.
Our Role as Dog Attack Lawyers: How We Can Assist You
Dog attack matters can result in dog owners paying hefty compensation payments and facing criminal charges. At Matthies Lawyers we aim to reduce the severity of penalties imposed and have achieved excellent results for many clients in the past.
It is important to seek assistance from lawyers with experience dealing with dog attack matters, as convictions can be particularly detrimental to a person’s future.
Contact us today for expert legal advice and support or call +61 3 8692 2517.
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Kate Scolyer – Solicitor– Matthies Lawyers
Disclaimer: This article contains general information only and is not intended to be a substitute for obtaining legal advice.