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Who should pay for dog bites?

A READER, WHO was recently bitten by a dog, writes to enquire as to who she may sue to recover the cost of hospital bills and other expenses incurred as a result of the injury, as well as any other compensation available.

Incidents involving dog bites are covered under the Dogs (Liability for Injuries By) Act (hereinafter referred to as the Act), although, however, it should be noted that the Act does not specifically refer to dog bites but to injuries by dogs generally.

Section 2 of the Act imposes strict liability on the owner of the dog in that the owner need not have any knowledge of the propensity of the dog to do the act complained of. The act states that "... it shall not be necessary for the party seeking such damages to show a previous mischievous propensity or that the injury was attributable to neglect on the part of such owner."

Therefore all that is necessary for the other party to show is the fact of the injury and that the person is the owner of the dog. The person suffering the injury need not show that the dog was in a habit of biting people or that the owner knew that the dog had previously bitten people or that the owner failed to keep the dog chained or within the gates of his premises.

An occupier of premises where the dog was kept or permitted to live or remain at the time of the injury is also deemed to be the owner of the dog by virtue of S.3 of the Act. In addition, where there is more than one occupier of the premises, then the occupier of the part of the premises where the dog was kept or permitted to live or remain will be deemed to be the owner of the dog.

However, unlike the true owner of the dog, an occupier of premises who is deemed to be the owner is not strictly liable in that he has a Defence if he can show that "... he was not the owner of the dog at the time the injury complained of was committed AND that such dog was kept or permitted to live or remain in the house or premises without his sanction or knowledge."

It should be noted that the owner of the dog or deemed owner of the dog is liable only for injury done to another person, cattle or sheep. Therefore, liability for damage to objects is excluded.

Generally, claims involving dog bites are made in the Resident Magistrate's Courts. However, if the injury is very serious and the claim made exceeds $250,000.00 then the claim should be made in the Supreme Court.

In sum, the owner of the dog or the occupier of the premises where the dog was kept or permitted to live or remain may be sued for damages in either the Resident Magistrate's Court or the Supreme Court, depending on the circumstances. In assessing the award for damages to be made, the court will look at awards previously made for comparable injuries.

Keith Bishop is an attorney-at-law and partner in the firm BISHOP & FULLERTON.