Depending
on the which province or state you live in, in
both Canada and the U.S., dog owners can be held
liable, or financially responsible, for injuries
caused by their dog’s behavior in three possible
and very common scenarios.
First,
in New Jersey for example, the law says dog owners,
and only the owners, are strictly liable
for injuries caused
by
their
dog’s
bite, so long as the victim was lawfully on the property
and regardless of the dog’s history. However, if
the dog has a vicious propensity that the owner knew
or should have known, then the dog’s owner or even
the dog’s keeper are responsible for any injuries
caused by the dog – even if not caused by biting
and biting was not involved in the incident. Vicious propensity
can be proven simply by the dog’s history
of biting, jumping, chasing, scratching, or even being
overly affectionate or playful. “Down boy!” And,
third, even if the dog did not bite and did not have
a vicious propensity, then the owner or keeper may
be liable for injuries because they failed to exercise
a
reasonable degree of care for the safety of others.
Owners have a duty to provide safe premises for those
invited onto its property and a duty to control their
dogs. It is considered dangerous to allow a dog on
your property unleashed, unrestrained or unfenced, or to roam free, unsupervised
or in an area where it is likely to encounter strangers. At least a clear warning
of the dog’s presence should be posted. People visit for a variety of legitimate
reasons every day: Mail carriers, newspaper carriers, package deliverers, utility & maintenance
workers, fundraisers, friends and family. Knowing this, owners must anticipate
their dog’s behavior. Dogs protect their turf. They investigate strangers.
They approach and greet anyone who enters their turf. Unless the dog is responsibly
controlled, preventable injuries are likely to happen.
Even friendly dogs can cause serious injury – unintentionally. A big, friendly
dog that gets excited when visitors arrive can knock the visitor down, wrench
their back, twist their ankle, or otherwise “kill” them with kindness
and curiosity. Just the sight of a large dog on the loose and coming toward a
visitor can frighten them into hasty escape and injury. Not everyone shares enthusiasm
for dogs, especially a 100-pound German Shepard rushing to say “Hello” … or “Get
lost”. And that’s their right.
When dog owners fail to exercise care and visitors
are injured, people’s
lives can be ruined and courts will impose substantial money damages to compensate
victims. Compensation has been recovered for injuries when someone was running
from a dog, when someone fell after being chased by a dog, or when someone
was knocked to the ground by a dog.
Owning a dog carries special responsibility to ensure
others’ safety. If
you are a delivery person, newspaper carrier, utility worker, or any visitor
to another’s property where a dog is present, and are injured by the
dog, you have a right to recover money damages under the law.
About the Author
Thomas R. Smith, Esq. is a partner in the Princeton-based law firm Pellettieri,
Rabstein & Altman who specializes in personal injury and criminal law with
17 years of trial experience. You can reach Mr. Smith at 609-520-0900 or visit
http://www.pralaw.com |
