Dog bites

Kevo

Hi,
I'm curious about the laws regarding attacks by dogs. Does the dog always have to be put down after biting someone or is it only in certain circumstances?

EDIT
BTW my dog didnt bite anyone. Im just trying to settle a stupid argument

maidhc

Not that I know, but it is evidence the dog has a mischievous propensity (how quaint!) and as a result it will be much easier for someone in the future to claim damages. See also the Control of Dogs Act: http://www.irishstatutebook.ie/ZZA32Y1986.html

Having said that, my dog bites people he dislikes, and I consider it a very good thing indeed.

besty

The context of the bite is also important AFAIK. i.e. a guard dog biting someone will be treated differently if he does so in the course of his "duty". But as maidhc said, the "mischevious propensity" test is the main thing.

seamus

When I was a kid, somewhere I had gotten the idea that "If a dog ever bites a human, it's put down". Of course, thinking about it now, that's preposterous considering that there are hundreds of legitimate situations in which a dog may bite a person without generally being dangerous.

The legislation quoted above seems fair and reasonable.

Thirdfox

Scienter action - if dog injures someone (and mischevious disposition is shown) then owner is strictly liable (defence of provocation may apply). Don't know exactly what happens to the dog though.

Control of dogs act - owner strictly liable unless the person was a trespasser - then again I don't know what happens to the dog afterwards.

Our tort lecturer did advise dog owners to put them down as the potential damages could be huge in future cases.

dermot_sheehan

scienter was abolished for canines by the dangerous dogs act,

With regard to the question, s. 22(2) http://www.irishstatutebook.ie/ZZA32Y1986S22.html


Upon complaint to the District Court that a dog is dangerous, it may be taken away and destroyed (my paraphrazing)

Thirdfox

Really? Our torts lecturer thought that dog scienter actions were still possible, only that it was easier to use the Control of Dogs Act.

Does it explicitly abolish the common law scienter action? Had a quick look at on the website but couldn't find it in the repeals section...

dermot_sheehan

My bad, it doesn't expressly abolish scienter for dogs, it merely makes a dog attack strict liability. You might ask why would anyone sue for scienter then though, it's like suing for simple negligence when you could sue under rylands v. fletcher.

Thirdfox

At the recent torts conference about... recent developments in tort law some of the speakers put forward that negligence is on the uptake again (in relation to nuisance though...)

Maybe someone who wants to sound cool will still use it? Scienter sounds much better than Control of Dogs Act lol

dermot_sheehan

Thirdfox wrote:

At the recent torts conference about... recent developments in tort law some of the speakers put forward that negligence is on the uptake again (in relation to nuisance though...)

Maybe someone who wants to sound cool will still use it? Scienter sounds much better than Control of Dogs Act lol

Courts seem to like negligence because it's so flexible, like in Cambridge Water, the House of Lords effectively gutted the tort of rylands v. fletcher as they thought it was unfair by not having a reasonable foreseeabilit requirement, thereby effectively turning it into a subset of the tort of negligence.

maidhc

gabhain7 wrote:

Courts seem to like negligence because it's so flexible

So flexible I suspect most judges dont understand it. Some factual circumstances where "negilgence" is found in the circuit courts is a joke, and it isn't helped by the fact the Irish judiciary seem to find it difficult to be anyway conclusive about anything.

gleesod

Where does scienter come from? If its common law does it have its origins in a case? Is there any specific period where it became popular?

Tom Young

Scienter is effectively knowledge of the dangerous propensity of a Dog or domestic animal, it is covered by the law of Tort(s). Its origins are based in UK strict liability statute and date back to the 1600's. Effectively is/was regarded as the 'one bite rule'. In Ireland the law is laid down in the Control of Dogs Act 1986, the one bite rule is effectively abolished now.

So it comes from a combination of old statute and common law.

Tom.