Victims of Dog Attacks Right to Recover Civil Damages

Year
2007
Number
B91
Sponsor(s)
Saanich

WHEREAS at common law a victim of a dog attack must prove that the dog owner had prior knowledge of the dogs dangerous tendencies in order to succeed in recovering damages from the owner; AND WHEREAS there are many cases where innocent people are seriously injured or killed by dogs with no prior history of attacks and such victims have no legal means of recovering compensation for their loss; AND WHEREAS it is often impossible for a victim to prove that a dog owner had prior knowledge of the dogs tendencies, even where such knowledge exists; AND WHEREAS the provinces of Ontario, Manitoba, and Newfoundland have bought in legislation to reverse the common law: THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities petition the provincial government to bring in legislation to make owners of dogs legally responsible for damages resulting from any unprovoked attack by their dog, whether or not the owner had prior knowledge of the dogs dangerous tendencies.

Provincial Response

MINISTRY OF ATTORNEY GENERAL The Ministry of Attorney General Ministry acknowledges that the Union of British Columbia Municipalities has concerns regarding the legal remedies for victims of unprovoked dog attacks. The Ministry is continuously evaluating British Columbias civil liability regime to ensure that it is fair and efficient. The Ministry will continue to monitor the developments in relation to liability for dangerous animals and explore options to more effectively address the public safety concerns that surround unprovoked dog attacks.

Convention Decision
Endorsed