Understanding Dog Bites & Animal Attack Claims in New Brunswick
Dogs are generally well-behaved and beloved pets of friends, neighbours, and people in your community. However, Dogs can still be unpredictable, whether due to negligent owners, or stressful situations.
Common personal injuries involving dogs can include:
- Dog bites with children, adults, or other animals;
- Motor vehicle or off road vehicle collisions involving loose dogs, or dogs at large.
With the new Local Governance Act, a new regulation concerning Dog Control has come into force[1]. All dogs in the Province of New Brunswick must be registered with their local government by their Owners.
Owners, as defined under the regulation, does not mean who is in charge of the dog at the home. It means anyone who is in possession of a dog, who ‘harbours’ or houses a dog, who ‘tolerates’ a dog at their residence or premises, or who registers a dog under the regulation. This means that a dog visiting your home, or a dog owned by a relative who resides with you is ‘owned’ by everyone who is in that household.
Owners of a dog cannot allow their dog to ‘run at large’, meaning ‘free, unrestrained, or not under control’[2]. Owners also cannot allow their dog to chase after pedestrians or motor vehicles.
If a dog has bitten someone and caused a personal injury, it must also be considered if the dog had a ‘mischievous propensity’, or was known to be dangerous or bite or potentially bite another person, and that the owner knew that information about the dog. Again, the owner of the dog can be anyone who lives in the same house, or is temporarily housing a dog.
This can cause difficulties for victims of a dog bite, who then have to prove if the owner ‘knew of’ the dogs potential to be dangerous. If the victim cannot prove the owner ‘knew of’ the danger, then the victim could be left with no compensation. Other provinces, such have Ontario, have adopted a more victim friendly approach and will allow the claim to proceed even if the owner was not aware of the ‘danger’.
Owners of dogs must also be concerned when a dog is ‘at large’, as devastating accidents can occur when a motor vehicle, such as a motorcycle, strikes a dog. In Morris v. Collette[3], the owner had not secured his dog on the property, and the dog darted out into the street as the Plaintiff was passing on a motorcycle. The Plaintiff suffered significant and life-threatening injuries as a result.
Owners of dogs should also be concerned if a dog attacks another dog. Owners whose dog was attacked and who have incurred veterinary bills can also make a claim against the attacking dog’s owner.
If you have been attacked by a dog, or involved in a motor vehicle or motorcycle collision involving a dog, please reach out to Moss Hachey Law for more information.
[1] Dog Control, NB Reg 2022-36
[2] Black’s Law Dictionary, ‘at large’
