Owner’s Liability on Dog’s Bite

There have been serious incidents of dog biting specially in Ghaziabad and Noida and this controversy of raising pet dogs in residential societies has gathered more attention from Ghaziabad Municipal Corporation banning residents from keeping Pitbulls, Rottweilers and Dogo Argentino as pets. Various videos have been circulated where dogs have brutally bitten specially young children.

Guidelines & Restrictions: 

Animal Welfare Board in 2015 issued guidelines where it is mentioned that pet owners cannot be mandated to muzzle their dogs and cannot be denied certain amenities such as elevators.

Guidelines number 1 reads, “… they (pet owners) may, however, distinguish between reasonable and unreasonable, and lawful and unlawful claims as to their pets being a source of nuisance and no amount of pressure should lead to the abandonment of a pet animal.”

Kerala High Court in 2012 passed a verdict where AWIB was one of the respondent, “clauses in any bye-law or agreement, that have the effect of absolutely prohibiting a person from keeping a pet of his/her choice in a residential unit occupied by that person, should be treated as void and unenforceable in law.”

“Consequently, resident welfare associations shall desist from putting up notice boards and signposts prohibiting the keeping or entry of pets in their respective premises.”

License & Registration:

Every state has its own rules and regulations for registration of pet dogs with the Kennel Club of India. 

Section 399 of Delhi Municipal Corporation makes it mandatory for every dog owner to register its pet.

Civil Liability:

1. Dog Bite Statute: Most states have strict laws which make owner’s responsible for dog bites.
2. Prove Dog’s Tendency to Bite: There is one bite rule which makes a dog’s owner liable for injuries if they knew that their dog is likely to hurt someone.
3. Proving Dog’s negligence: If the dog owner is being negligent by violating local leash law then he shall be responsible for the dog bite.

Criminal Liability:

Under “dangerous dog laws“, courts require owners to take special precautions once their animals have injured or threatened someone. The judge may order that the dog be euthanized if it poses a risk of serious nature. An owner who doesn’t cooperate with the restrictions could face criminal penalties.

Legal Action Against Dog Owner:

1. File claim with owner’s insurance company
2. File civil suit against owner of dog

Dog’s Owners Defense:

1. Injured Person was trespassing at the time of incident
2. Injured person teased the dog
3. Injured Person’s own carelessness

So, if you are the owner of a dog or have been attacked by the dog and are looking for damages or remedies you can reach out to Lead India expert lawyers.