July 17, 2009
Star Features

 
Liability of dog owners

A dog whose owner moved and left him at a house in the Corporate Area has been attacking residents, especially children.

One woman complained that her son was walking on the street when the dog rushed out and bit him on his foot.

medical expenses

"I had to take my son to the doctor and had to spend money, which I could hardly afford, in medical expenses," the woman said.

"Some people live at the premises and when I went to them about the dog who attacked my son, they said that the dog did not belong to them. They told me that the owner left the dog at the premises and they were not responsible for the dog.

"My husband is planning to kill the dog because since the dog has no owner then that dog should not be around to be a nuisance to people. Many other persons have complained of being attacked by the dog while they are walking on the street.

"One woman even showed me scars on her foot where the dog bit her three months ago. I told the couple who live on the premises that they should get rid of the dog but they say it is not their dog so it should not be their responsibility to do that.

"They told me that when they moved to the premises they saw the dog there and they only feed the dog because they could not let the dog die from starvation. I told them that if they are feeding the dog then they have now become the new owners. They said they were just tenants at the property and ordered me to move away from their gate. I even told them to tell the landlord of the problem people were having with the dog but they said it was not their concern."

You are perfectly right that if they are now feeding the dog they can be sued as owners of the dog because they have permitted the dog to live on the premises.

The Dogs (Liability For Injuries By) Act states that the owner of every dog shall be liable in damages for injury done to any person.

LIABILITY

Section 3 of the act states that "The occupier of any house or premises where any dog was kept or permitted to live or remain at the time of such injury shall be deemed to be the owner of such dog, and shall be liable as such, unless the said occupier can prove that he was not the owner of such dog at the time the injury complained of was committed, and that such dog was kept or permitted to live or remain in the said house or premises without his sanction or knowledge."

In the meantime, you should discourage your husband from killing the dog. You can telephone the Jamaica Society for Prevention of Cruelty to Animals and ask for assistance.


'My husband is planning to kill the dog because since the dog has no owner then that dog should not be around to be a nuisance to people. Many other persons have complained of being attacked by the dog while they are walking on the street.'

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