Background
From a liability insurance standpoint, there is no “free first bite,” nor is “he’s never bitten anyone before” a valid legal defense. In general, liability arising from a dog attack falls upon the dog’s owner, but recent cases have implicated municipalities. Here, we present some best practices being leveraged by municipalities and information about personal liability insurance that dog owners are strongly encouraged to secure.
Recent Cases in Canada
Here are three recent cases involving dog attacks. In the first one, the municipality’s action or inaction is being called into question. In the second case, a Quebec judge found the municipality jointly liable for damages to the victim.
- May 2024: Quebec woman mauled in dog attack wins $460K civil case against small town and owner “Attack could have been prevented if town had taken action, says judge”
A Finding of Joint Liability
When a court finds two or more parties jointly liable, the total award for compensatory damages is assessed in full against each party. This approach ensures that the wronged party receives the damages expeditiously and “forces” the wrongdoers to contribute their assessed share of the damages without delay. Should the wrongdoers disagree on the split of liability, they can then proceed with their own dispute through legal channels. In the case of joint liability between a municipality and a dog owner, this assumes that the dog owner has liability insurance, enough limit to cover the loss, and that the insurer willingly provides liability coverage to households with dogs. The municipality will bear the full costs of the award should the dog owner have no liability insurance, or their insurance does not respond to the loss.
About Personal Lines Liability Insurance
Homeowner, condominium unit owner, and tenant insurance packages all provide the same liability insurance. Currently, these packages provide common liability limits of $1 million and $2 million. Insurers understand that their customers will often have pets, so the assumption is there that a dog could be in the household. Having said that, there are a handful of insurers that refuse to issue policies to applicants with pit bulls and rottweilers, or mixed breeds thereof. Allstate is one such example, as this restriction tends to follow US-based insurers doing business in Canada, as litigation in the US has historically been more rampant.
What Measures are Realistic and Will Protect the Municipality?
Municipalities must take proactive steps to mitigate liability and protect public safety in cases of aggressive or dangerous dogs. Here are some approaches:
- Implement a “Presumption of Ownership” clause: Municipalities should implement bylaws stating that the occupier of a residence where a dog is kept will be presumed its owner unless proven otherwise, ensuring accountability in enforcement. Here is a sample wording:
“The occupier of a dwelling or premises where a dog was kept or permitted to live or remain at the time of a complaint shall be presumed to be the owner of the dog unless the occupier proves that the occupier was not the owner of the dog at the time.
When there is more than one occupant in a dwelling or premises living in separate apartments or lodgings, or otherwise, the occupier of that particular part of the dwelling or premises in which a dog was kept or permitted to live or remain at the time of a complaint shall be presumed to be the owner of the dog unless the occupier proves that the occupier was not the owner of the dog at the time.” - Require proof of insurance: Obtaining proof of liability insurance from dog owners when registering dogs is a sound practice and should be done yearly. This proof could initially be collected upon dog registration while requiring the owner to sign an acknowledgement/registration form. This form can indicate that they are responsible for maintaining continuous liability insurance of at least $1 million and must notify the municipality in the event their insurance is cancelled. Record the carrier, the policy number, the named insured, and the policy effective dates. Note that the person registering the dog must be a named insured on the residential insurance policy.
This could be taken even further by requiring the dog owner to provide an insurer-issued certificate that states the breed, the limit of liability, the named insured, and the policy term. This will ensure that the insurer is made aware of the breed as most these policies are sold over the phone or internet with no discussion about dog breeds.
The dog owner is responsible for providing new proof of insurance should they change insurer, and failure to have insurance could be subject to a fine. - Enforce a limit: Restrict the number of dogs in a household.
- Require vaccination compliance: Ensure all registered dogs meet vaccination requirements, including rabies vaccinations.
- Implement mandatory reporting of incidents: Require dog owners and victims to report aggressive behavior or bites within a defined period to allow timely intervention.
- Incentivize responsible dog ownership: Provide a lower registration cost for dogs that are spayed or neutered, as well as those that have passed behavioural/obedience training with a certificate from a recognized trainer/school.
- Enforce leash laws: Mandate that all dogs be leashed with a maximum length of two metres in public areas.
How Can a Municipality Protect Itself From Incidents Involving an Aggressive Dog?
- Have a clear definition of restricted and nuisance dogs: Establish criteria for aggressive and nuisance dogs and impose stricter regulations.
- Impose higher fees for specific breeds or those deemed dangerous due to a previous incident: Increase licensing fees for breeds with higher risks of aggressive behaviour to offset potential enforcement costs.
- Maintain secure enclosures: Require aggressive or restricted dogs to be kept in enclosed spaces when outdoors.
- Impose fines and penalties: Increase penalties for violations such as:
Additional Protection Strategies for Municipalities
- Increase fines for non-compliance with licensing and registration requirements.
- Children are the most vulnerable to dog attacks. Things to consider: Are there young children living in the dog’s home that will have other young children visiting? Does the dog owner live in close vicinity to a daycare, school, or playground? If so, is the yard fenced in? Is the dog spayed or neutered? This will prevent the situation of a mother and her puppies being around the children.
- Require a background check for repeat violations before allowing a dog to be re-registered.
- Mandate liability insurance for all dogs deemed aggressive or restricted.
- Inspect and enforce kennel and breeder licensing to prevent uncontrolled breeding.
- Require proof of obedience training in the event a dog is deemed aggressive.
By implementing these proactive measures, municipalities can significantly reduce their liability risk while ensuring public safety and responsible pet ownership.
Legal Protection for Municipalities
- Dangerous Dogs Act: Grants municipalities authority to petition courts to remove or euthanize a dangerous dog after an attack.
- Municipal Bylaws: Local governments can impose insurance, muzzling, and restriction requirements for aggressive dogs.
More Resources
CCOHS Health and Safety Report: Dog Attacks