Dog Bite: Concurrent Liability
The case we address in this article deals with a claim for damages caused by a dog bite to a client of our office, Lawyer in Alicante. The incident occurred in a “dog park” when our client was walking his dog and was surprised by the sudden appearance of another animal, causing him significant injuries.
Public Responsibility in Canine Spaces
These spaces, increasingly common in cities, are a public service regulated by specific regulations. In the Valencian Community, Law 2/23 of March 13 by the Generalitat Valenciana regulates the protection, welfare, and possession of companion animals.
In this case, the aggressive dog, a mixed breed without a muzzle (as it was not considered potentially dangerous), did not have insurance. Our client immediately went to the emergency room, where a medical report on the injuries sustained was issued.
Concurrent Responsibilities
After analyzing the case, we concluded that there was concurrent liability:
- Dog owner: Legal objective responsibility for the damages caused, in addition to possible negligence in supervising the animal.
- Alicante City Council: Responsibility for the deficient state of the facility (access door without a latch) and lack of maintenance.
Legal Foundations
To support our argument, we relied on:
- Article 1905 of the Civil Code: Responsibility of the possessor of an animal for the damages caused.
- Law 40/2015 of October 10 on the Legal Regime of the Public Sector: Right to compensation for injuries suffered as a result of the functioning of public services.
Third Party Contribution to the Damage
Jurisprudence has established that the intervention of a third party in the production of damage does not exclude the responsibility of the Public Administration, although it can moderate the compensation based on the concurrence of faults. In these cases, the responsibility is usually joint.
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