Dangerous dogs on the loose

Dogs have traditionally been known as man’s best friend. However, we have to accept the fact that there are some dangerous species of dogs, pit bulls, being one of them.

A few weeks ago, a woman was viciously attacked and killed by four pit bulls at her employer’s home; this week, a pit bull viciously mauled an eight-year-old boy in Arnos Vale.{{more}}

Pit bulls and Rottweilers are the pride and joy of many dog owners and they are kept mainly for the purpose of guarding homes against burglars. If you have to keep dogs, it is incumbent upon you to secure them safely so that they do not attack those persons around you. Even though dogs are trained to protect against intruders, it is likely that they could turn upon harmless relatives or visitors. Dogs tend to attack the weak and helpless and that includes children and old people. Dogs may deter burglars from entering your premises, but we have not heard of many dogs attacking burglars.

Liability for dangerous animals

If you are the owner of a dangerous animal, you would be liable for the damages of your animal at common law even though you were not negligent. That is, if you secure your dog properly but it still breaks out and injures some one, you would be liable. This is what is known in law as “strict liability.” And the issue of belonging to a dangerous species is a matter of law for the Court. It would consider a dog dangerous if it has characteristics that it is likely to cause severe damage if not restrained. If you have a dog that does not belong to the group of dangerous animals, but you know of its vicious characteristics, you would also be liable for any damage that it causes.

Dangerous Dogs Act

England introduced the Dangerous Dogs Act in 1991, (amended in 1997) which makes it illegal to own certain breeds of dog unless permission is granted by the Court. An index of specially exempted dogs is kept and dogs have to be registered, insured, neutered and receive a microchip implant. The law bans the breeding, sale and exchange of certain types of dogs, one of which is the pit bull terrier. However, according to one source, the Act was a rushed bit of legislation which was an “over reaction to a transient mood”. It means that we have to carefully consider the Act in England and their experience when we make our legislation in this regard.

Condolences

The killing of our colleague Bertram Stapleton was shocking as it was sad. Bertram was a lively, friendly person who was fond of life itself. We never suspected on Monday, 21st July, 2008, when we sat outside the Judge’s Chambers that it would be his last chamber day. He would not be easily forgotten. Rest in peace. Sincere condolences are extended to his wife and family.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com