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| Dog in action |
Dogs and other Pet Animals
Homes across the world are now found of having various species of Dog; particularly in Nigeria, where the foreign Dogs are gradually replacing the local Dogs.
Different People own Dogs for different reasons; some include for security purposes, sales, while other people breed Dogs as just mere Pet.
Years back in Africa, they reared local Dogs mainly for sales and consumption, while just few reared for security purposes. Beisdes, Just like Police and other security operatives using Dogs to work, local hunters around the world also use Dogs to hunt animals in the bush.
With the foreign Dogs replacing the local Dogs in Africa, chances are high that most of those foreign Dogs are more deadly and tactful than the African local Dogs. What if the Dog misbehaves and attacks passerby or anyone around the area?
What is the relationship between Animal and someone bitten by an Animal?
Quest: Did an Animal bite have legal case?
Guest: Yes, it has and there are ways to go about each case.
Quest: Who can one sue in an animal bite?
Guest: Any person can be sued; whether a minor or adult, who has been bitten or knocked down by an animal who has been improperly or inadequately released or contained can sue for injuries or death caused by an animal bite.
Quest: Who can I sue on this case?
Guest: If you are been injured or any of your relative members was a Victim by the animal, you can sue the person who owns or should have had control of the animal. But, for a person to be responsible to be sued, they need not be the owner of the animal specifically. However, an owner who retains some control over the animal remains liable even if the animal is partly under the care of others.
Quest: Are there laws or legal act that protects People if they are attacked by any animal other than a dog?
Guest: Certainly Yes. The keeper or owner of an animal of a species that is dangerous by nature, or that the keeper knows or has reason to know that the animal has dangerous propensities or traits, is strictly liable to anyone injured as a result of those traits.
Also, This law provides greater protection, because it applies to keepers other than owners of animals. So, ordinarily not only owners is liable to a lawsuit, keepers having control over the Animal can be sued as well.
Quest: Are Animal owners and the Court aware and ready for lawsuit of such?
Guest: Of course, they are. The provisions are there already. Even in some Countries, Animal owners will be asked to collect license before housing some animals, just like having a Gun.
Quest: Are there any special protections under the law for people who are bitten by the dogs?
Guest: Of course Yes. In Uganda particularly, the owner of a dog is liable for the damages suffered by anyone who is bitten by the dog while in a public place or lawfully in a private place, including on the dog owner’s property, regardless of the prior viciousness of the dog or the owner’s knowledge of the Dog's cruelty. That is, the owner of a dog is liable to anyone who is killed or injured by a dog bite.
As we move further, we shared some cases with our legal expert to see if the cases have proper legal grounds.
Quest: If someone was walking along the roadside and a dog ran out of the house and charged at the person. The person was scared and attempted to run away but fell and broke his/her leg. Though, The dog didn't touch the person in question. Tell us sir, is the person entitled to file a lawsuit against the dog owner/guardian?
Guest: Yes, though, this may be a difficult case to prove in court, but the person should be able to bring a case if he/she reasonably feared for her safety and she can prove that the owner or guidian of the dog knew or should have known of the dog’s propensity to attack people walking on the roadside, but failed to act appropriately.
Quest: If someone goes to visit his neighbor, and he/she got attacked and bitten by the Dog, does he/she has a case?
Guest: Yes. If you can establish that the dog had dangerous propensities or traits you will be able to maintain a strict liability case against the owner.
Also, the owner can be held responsible for negligence if you can prove to the court that the owner failed to exercise ordinary care in controlling the dog; this can include failure to warn the person of the dog’s dangerous traits, failing to restrain a dangerous dog, or if the owner engages in conduct likely to excite the dog causing him to knock down the person. You know these Dogs also listen to their owners, so the owners actions to the Dog also matter.
Quest: What are damages recoverable in animal bite cases?
Guest: A Plaintiff (Complaint/Litigant) is entitled to get damages for past and future and medical expenses, past and future wage loss, past and future pain and suffering.
Also, should the victim dies, his or her survivors/relatives are entitled to recover full compensation for their economic losses that result from the victim’s death, as well as emotional distress damages which stem from the loss of society and care.
Quest: Can someone die or be said to have been cases to death by a Dog bite?
Guest: Yes, anyone can die due to Dog bite. But, that is left for the Autopsy to decided in Court.
Also, if you are injured by an animal, take note of the following:
The contact address, name of the owner, contacts of possible eye witness to the incident.
Also, report the case to the police around the vicinity of the incident. Make sure you seek urgent Medical help to the injury to prevent the injury from escalating. Securing the live first is more important than filling a lawsuit.
After that, contact the owner of the Dog and keep him/her informed of the injury. Should the animal owner refused to compensate you for the injury or didn't show any care to your satisfaction, please file a lawsuit in court.
Be informed that your suit will not be entertained in court if it is instituted (filed) after the lapse of six years from the date of the incident.
Quest: What if the owner of the Dog did not have money and it is obvious to me
Guest: Keeping a Dog is like keep Children and the Family, you feed all of them, so he/she will have the money. But, the choice is yours to make and do not forget to seek legal advice from your Lawyer.