A visit to the dog park is meant to be a highlight of the day, both for dogs and their owners. These off-leash areas offer space to run free, play, and socialize in a community setting. Unfortunately, a great day can turn into a nightmare in a moment following a sudden dog bite, a scuffle between dogs, or a startled lunge. In cities across British Columbia, dog park injuries raise difficult questions about legal responsibility.
Dog-related injuries are more common than many expect, especially in urban environments. Research shows that people in cities are twice as likely to be bitten by a dog as those living in rural areas. So, who is liable when someone is bitten or a dog is seriously hurt at an off-leash dog park? The answer is complicated and largely depends on previous circumstances and municipal bylaws.
Legal Standards For Dog Owners In BC
In BC, dog park liability often centers around negligence and the scienter doctrine, more commonly known as the “one-bite rule.”
A dog owner can be found negligent if they fail to take reasonable care to prevent their dog from causing foreseeable harm. In the context of dog park injuries, this means that the owner:
- Had prior knowledge of or should have known that their dog could pose a risk to others.
- Did not take appropriate steps to prevent the injury, such as keeping their dog leashed, muzzled, or away from other animals and people.
The one-bite rule applies in situations where:
- The individual owns the dog.
- The dog previously demonstrated a tendency to harm.
- The owner was aware of that tendency.
Importantly, the scienter doctrine isn’t limited to cases involving just dog bites. A history of aggressive behaviour like lunging, chasing people or other dogs, or provoking past complaints, can be enough to meet the doctrine and establish liability. Warning signs posted by the owner, like “beware of dog” or prior altercations, can also support a claim. BC courts have also clarified that dog breed is not a factor in determining liability. Instead, each case is assessed based on the dog’s behaviour and the owner’s knowledge and actions.
The Role of Municipal Bylaws in Dog Park Incidents
Each municipality in BC enforces its own animal control bylaws. These local rules govern everything from leash requirements to fines for dangerous behaviour. For example, some cities include bylaws that:
- Prohibit aggressive dogs from entering off-leash areas.
- Impose fines for biting, attacking, or harassing other animals or people.
- Require muzzles for dogs with a history of aggressive conduct.
- Mandate special licensing and training for owners of dangerous dogs.
Proof that a dog owner violated city bylaws can strengthen a liability claim. In some cases, bylaw violations may also lead to penalties or restrictions imposed by the city, especially in cases where the dog has previously been involved in a reported incident.
Dog Behaviour vs. Aggression
Not every growl or snap signals aggression in dogs. Dogs can also lunge and bark out of fear, nervousness, or pain. However, municipalities have the authority to formally designate a dog as “aggressive” or “dangerous” based on the animal’s past actions.
If a dog has been designated as aggressive, owners may be required to:
- Keep their dog muzzled in public.
- Use a non-retractable leash at all times.
- Avoid taking the dog to off-leash parks.
- Obtain a special license (which can cost hundreds of dollars annually).
- Complete formal behavioural training before any restrictions are lifted.
A dog could further be labelled as dangerous if it has seriously injured or killed another animal in public, or even on private property that doesn’t belong to its owner. These designations have significant legal and practical implications for dog owners and could affect whether the dog owner is deemed liable after an incident.
When to Speak With a Lawyer
Dog park liability cases are often complicated. Depending on prior circumstances, you may be unable to pursue legal action against a dog owner if their pet attacked you or your dog. However, if the dog owner has a history of reported incidents, you may have a valid case. Working with a lawyer like Stephens & Holman is critical. We can help you collect crucial evidence and build a case so that you can recover compensation for related medical care, lost wages, and other damages. Contact us today to schedule a consultation.