Dog Knockdown Injuries in BC: What if the Dog Did Not Bite You but Still Caused Serious Harm?

For many Canadians, dogs are kept in the home as beloved companions and friends. They offer emotional support, protection, and comfort in times of need. Owning a dog is also a major responsibility. By making the decision to adopt and care for a dog, dog owners not only become responsible for their dog’s wellbeing, but also the safety and wellbeing of other people, animals, and property that come into contact with it.

All dogs – regardless of their breed – can be unpredictable and potentially dangerous animals with the ability to cause harm in a myriad of ways. They may cause harm intentionally (for example, by biting others) or unintentionally (for example, by jumping on, bumping into, or otherwise knocking people over).

In both cases, dog owners in BC can be held liable for damages caused by their pet. This is true, regardless of its intent. Our Vancouver dog bite lawyers help clients injured by dogs, whether by bite or knockdown, seek compensation for their losses.

Liability for Dog Bites in BC

Dog owners in British Columbia can be held liable for bite-related injuries if it can be proven that they actually knew (prior to the bite occurring) that their dog had a propensity or natural tendency to harm others. The legal presumption is that dogs are harmless, regardless of their breed, and that dog owners will not be held liable for a bite-related injury unless they were aware of their dog’s disposition to harm others.

The dog owner’s knowledge is key to establishing liability for a dog bite, and the burden of proof lies with the plaintiff in a lawsuit involving a dog bite. Liability for a dog bite is context-dependent: it is not necessary to prove that the dog has bitten someone before, but it is necessary to prove that the dog was aggressive, vicious, or otherwise likely to bite someone – and that the dog’s owner knew that it was likely to bite others.

The strongest evidence of a dog’s propensity to bite and harm other people would be proof that it has bitten at least one person and caused serious injury in the past. Although not necessary to hold a dog owner liable for injuries arising from a dog bite, evidence of at least one prior bite incident would indicate the dog was aggressive and had a natural tendency to harm others. This type of evidence can be derived from a wide variety of sources, including animal control records, social media posts, witness statements, and the dog owner’s own testimony.

All of these sources should be explored as soon as possible in order to establish evidence of the dog’s propensity to harm others, and the dog owner’s knowledge of that propensity.

Liability for Dog Knockdowns in BC

Dog owners in British Columbia can also be held liable for other types of harm caused by their dogs. For example, for injuries that may arise when a dog jumps onto another person and knocks them over.

Similarly to dog bite injuries, the plaintiff in a lawsuit for dog knockdown injuries must prove that the dog owner knew – or should have known – that their dog was likely to create a risk of injury to others, and that the dog owner failed to take reasonable care to prevent such injury. The plaintiff bears the evidentiary burden of proving that it was reasonably foreseeable that the dog would jump on people and knock them over, and that the dog’s owner was aware of the risk and failed to do anything to prevent it.

As with dog bites, the starting presumption is that dogs are harmless creatures without any natural predisposition to jumping on people or knocking them over. There must be evidence that this particular dog was likely to knock someone over.

Most people understand that dogs have a tendency to jump on people when they greet them, but common sense and human experience are not enough to establish reasonable foreseeability in a court of law.

Golden Retrievers, for example – a notoriously friendly breed – are presumed to be harmless unless proven otherwise. Pitbulls, on the other hand, although they are perceived to be an inherently dangerous breed, are also presumed to be harmless unless there is evidence to the contrary. In the eyes of the law in British Columbia, a dog’s breed has no bearing upon whether it was foreseeable that it would jump on and injure other people.

Evidence Needed to Prove Liability in BC Dog Injury Cases

It is important to distinguish possibility from foreseeability: just because a dog is very big and it is highly likely and possible that it will one day jump on someone and knock them over, that does not mean that the risk of harm was foreseeable. Foreseeability requires some evidence that the dog has behaved similarly in the past, and that their owner was aware of that behaviour.

The courts will not hold a dog owner liable for a knockdown caused by their pet, even if the dog was wandering around unleashed. While evidence of lack of reasonable care on the owner’s part is contextually important, it is not enough on its own to establish proof that the dog was likely to cause harm.

As with dog bites, the strongest evidence of a dog’s propensity to jump on other people and knock them over would be proof that it has done so in the past. Although not necessary to hold a dog owner liable for injuries arising from a dog knockdown, evidence of at least one prior knockdown incident would indicate that it was reasonably foreseeable that the dog would jump on and harm other people, and that its owner should have taken steps to prevent it from happening again.

This type of evidence can be derived from a wide variety of sources, including animal control records, social media posts, witness statements, and the dog owner’s own testimony. All of these sources should be explored as soon as possible in order to prove that it was reasonably foreseeable that this particular dog would jump on people and knock them down.

What to Do If You Are Injured by a Dog in British Columbia

1. Report the Incident to Animal Control

Animal control records are a crucial piece of evidence in any personal injury lawsuit involving a dog. If the dog has harmed others in the past – either intentionally with a bite, or unintentionally with a knockdown – it is likely that their behaviour has already been reported to animal control, which would serve as irrefutable evidence of the dog’s propensity to harm others and the owner’s knowledge of that tendency.

2. Obtain the Dog Owner’s Name, Address, and Contact Information

As with any personal injury lawsuit, someone must be held financially responsible for the harm suffered by the plaintiff. Dogs are not responsible for their own actions because they do not have the same capacity for self-control, emotional regulation, and critical thinking that adult humans do.

Dogs are artificially bred, sold, and purchased by humans who are responsible for feeding them and caring for them, and those same humans should be held responsible for the harm their pets cause. By obtaining the dog owner’s information, you help ensure that someone can be held financially liable for your injuries.

Knocked Down By a Dog in BC? You May Have Legal Options for Compensation

Dogs are incredible creatures who have been genetically conditioned to serve and protect humans. Most domesticated breeds are inherently gentle animals who have their owners’ best interests at heart. Unfortunately, their natural instincts and relative lack of self-regulation sometimes result in harm to the people around them. Even a well-trained dog can be unpredictable and cause injuries in unexpected ways.

A civil lawsuit against a dog owner will never result in consequences such as euthanization or removal of the dog from its owner’s care. Under the law, we do not hold dogs responsible for their own actions, and commencing a civil lawsuit against a dog owner will not result in any harm to the dog. The idea is to hold the dog’s owner financially liable for the risk that they created by deciding to adopt and care for a living creature, and the duty to the public that they failed to uphold when they allowed their dog to harm another person.

If you have been injured by a dog in British Columbia, our dog bite and injury lawyers at Preszler Injury Lawyers may be able to help you. Contact us today to discuss your case in a free consultation.

We’re here to help.