Can council award civil damages to another party?

[Peter_Tersteeg]

I had a little problem when walking my dog recently. We were walking an a designated off lead park, when my dog got into a scrap with another dog. The owner of the other dog got bitten as a result.

Essentially we were walking along a path towards each other. Her dog was on a lead, mine what not (again, this is in an off lead area for dogs). Both dogs are small terriers which whilst certainly not dangerous dogs, are known for getting into a scrap with other dogs.

They got aggressive (both dogs about equally so). The other party pulled her dog via the lead into her legs, my dog followed. Before I could get there, she got a single small puncture on the inside of her calf. It obviously wasn't a deliberate bite and certainly not a bad one, but by her reaction you'd think she'd lost a leg.

I honestly can't say which dog actually made the bite, but because mine was off lead she's holding me responsible and has complained to council. I've made a statement to the council and whilst they haven't made any determination, it's been indicated that as her dog was on a lead I'm more at fault. At this point they're gathering evidence in the form of doctors reports.

If it's determined that I've done something legally wrong with the council by-laws, I've got not problems paying fines and taking the penalties. I'm more concerned that she's asking for compensation and trying to go through council to get it for her.

Had she simply approached me I would have been happy to come to an accommodation, but by involving the council I've been further inconvenienced and am thoroughly pissed off. I'm generally of the opinion that if a genuine accident happens, both parties should try to figure it out like adults and only get authorities involved if they can't reach an agreement.

I'll also add that the council demanded a statement from me, but refused to give me a copy of her statement or the complaint.

Does anyone know if the council can award damages to the other party in this type of case, or does that sort of thing need to go through a small claims tribunal or courts?

 

[Aaron_C]

It depends on what she is claiming. A council cannot function like a Court and issue damages to another party.

 

[Truly Exotic]

what a crock of crap, the council. can issue penalties etc, but not civil damages, the councils are for the most part useless, imagine them determining compensation!

be prepared to fight though, you having your dog off on a lead may be seen as legally irresponsbile/responsible at the same time, (who doesnt have their dog off on a leash),

that being said, the other owner wont get a cent off you,

if she is going down the "my dog is now permanently scared of going to the toilet by himself, and now the owner needs to hold him 24/7 so I cant work for the next 40 years, you owe me $20m in lost wages", id suggest to cease all communications with them, and refuse to entertain them when they come crawling back when they realise they arent going to get a cent!

oh, bad karma I know but worst case scenario if they can prove that your dog is a huge danger to society and will rip off a kids arm at first sight, they can force you to destroy the dog, but very very unlikely,

Ps Know of a friend who had a small dog and was running a legal salon at home, mother decides to bring 1 year old for a 3 hour appointment, and expected the kid to just sit there with the dog, the kid actually sat on the dog and dog pushed the kid away and mother reckons she got a scratch on teh face, that no-one could see, didnt go to doctor, tried to take it to the doctor later ,but got told, "what am I supposed to report,I cant see anything"

in the end, owner got a small fine, she contested it, and got off

 

[OKFFW]

Having just been through a similar situation and had to go all the way to court for it I'll give my 2 cents.

TL;DR - go to end for cliff notes

I was at an off leash park when 2 dogs got into a fight right next to mine, mine reacted and bit one on the ear. Dogs were separated, owner of the dog that started it got out of there quick smart but I did what I thought was right and exchanged details with injured dogs owner. Contacted owner next day, discussed, both parties and all witnesses agreed that other dog started it, mine reacted out of fear and instinct and mine did not actually cause the damage which was nowhere near the ear. However as a good will gesture I agreed to pay half the bill because they didn't get the other owners details and my dog did get involved.

Few weeks later council contacts me about dog fight my dog supposedly started. Tells me I don't have to make statement but if I don't they will assume my dog at fault and proceed on that. I give statement and few weeks later I get a $550 fine issued under section 16a of the Companion Animals Act and a Nuisance Dog Order is lodged against my dog under a second section of the act.

I go to court over it as the legislation states if your dog is "attacked, teased, poked or otherwise PROVOKED" it is not an offence. I do some research and find a 2005 Supreme Court ruling that states a dog can be provoked by other dogs fighting in close proximity to it. Judge rules in my favour as my dog was provoked. $550 fine is revoked but Nuisance Dog Order is different part of act and is up to council to revoke which they chose not to do even though Judge says my dog committed no offence.

Cliff notes

1: If you dog was provoked by the other dog in any way then it is not an offence. I would be repeatedly stating the other dog showed provocative behaviour if you haven't done so already.

2: With regards to any monetary fines etc, council can only issue the fine they can not determine compensation damages.

3: Council may offer legal aid to the other party to seek compensation through legal means though this is highly unlikely.

4: One section of the legislation deals with the issuing of a Nuisance Dog Order. A NDO would mean your dog would not be allowed off leash whilst off your property for a minimum of six months. It also means that if any other offence occurs your dog will be assumed to be at fault. Lastly it means if any other offence occurs it is likely your dog would be automatically classed as a dangerous dog.

This section of the act gives Council ultimate power in determining whether or not to class your dog as a nuisance dog. They are judge, jury and executioner so to speak. You have no right of appeal at all. No judge or court has jurisdiction to overturn such a ruling. Quite frankly it is an horrendous piece of legislation. It also means unfortunately that council is very likely to slap a NDO on your dog whether it was at fault or not for no other reason than to cover its own back side in case any other incident occurs in future.

5: It seems the days of adults being rational and coming to some sort of mutually agreeable solution without involving the courts, councils etc are over and one with. Too many people just see the $ signs. As such in future I would be sure to be the first to make a complaint to council regardless of the situation if for no other reason than to protect yourself.

 

[OKFFW]

Ps Know of a friend who had a small dog and was running a legal salon at home, mother decides to bring 1 year old for a 3 hour appointment, and expected the kid to just sit there with the dog, the kid actually sat on the dog and dog pushed the kid away and mother reckons she got a scratch on teh face, that no-one could see, didnt go to doctor, tried to take it to the doctor later ,but got told, "what am I supposed to report,I cant see anything"

in the end, owner got a small fine, she contested it, and got off

Another case of someone seeing $ signs by the sounds of it.

 

[vaughan]

The other party pulled her dog via the lead into her legs, my dog followed. Before I could get there, she got a single small puncture on the inside of her calf. It obviously wasn't a deliberate bite and certainly not a bad one, but by her reaction you'd think she'd lost a leg.

So your dog bit the person? Not the other dog?

 

[Peter_Tersteeg]

The person was bitten, neither dog had any signs of damage, but they were both fighting pretty hard. I can't say for certain which dog actually bit her, they were both in there going for each other.

Neither dog deliberately attacked her, she just got in the way.

The wound wasn't readily identifiable it as a dog bite. The wound was a single small circular puncture about 2mm across. It did bleed for a few seconds but stopped immediately when she applied preasure. There was clearly no deeper tissue damage, the skin was barely broken.

It's fairly clear that I'm being held responsible because my dog was off lead and hers wasn't. She was bitten not me. The silly part is if her dog had also been off lead it probably wouldn't have been intimidated and turned hostile when mine approached. I've had my two dogs for over 8 years and have generally found that dogs interact much better when they aren't on a lead.

 

[lizzie]

People I know were in a similar situation ... woman walking her small dog on a lead past their place ... owner in the front yard with the dog doing some gardening ... dog off the lead runs out ... woman yanks her small dog on lead into her arms ... dog off the lead lunges for small dog and bites woman

Council demanded dog off the lead be put down

Hope this isn't your outcome as would be horribly unfair. I'd tell it how it is and hope for common sense to prevail.

 

[chindonly]

Should have taken a picture of the wound?

 

[Peter_Tersteeg]

Should have taken a picture of the wound?

Amongst the first words out of her mouth was, "I've been bitten in the artery!"

Yes, I took a photo of the wound. I also took a short video of her walking normally a few minutes later.