Dog Bite: Concurrent Liability
In this article, we discuss claims for damages caused by the a dog bite involving a client of our firm, lawyer in Alicante. The incident occurred at a dog park while our client was walking his dog and was attacked by another animal, sustaining serious injuries.
Public Responsibility in Dog Parks
These spaces, which are becoming increasingly common in cities, are a public service governed by specific regulations. In the Valencian Community, Law 2/23 of March 13, enacted by the Valencian Regional Government, regulates the protection, welfare, and ownership of companion animals.
In this case, the attacking dog—a mixed breed that was not wearing a muzzle (since it was not considered potentially dangerous)—was not insured. Our client immediately went to the emergency room, where a medical report was issued detailing the injuries sustained.
Concurrence of Responsibilities
After reviewing the case, we concluded that there was joint liability:
- Dog owner: The owner is strictly liable for any damages caused, in addition to any potential negligence in supervising the animal.
- Alicante City Council: He is responsible for the poor condition of the facility (the entrance door has no latch) and the lack of proper maintenance.
Legal Basis
To support our argument, we rely on:
- Article 1905 of the Civil Code: It establishes the liability of an animal's owner for any damage caused by the animal.
- Law 40/2015 of October 10 on the Legal Framework for the Public Sector: Right to compensation for injuries sustained as a result of the operation of public services.
Contribution of a Third Party to the Damages
Case law has established that the involvement of a third party in causing the damage does not preclude the liability of the government, although it may reduce the amount of compensation based on contributory negligence. In such cases, liability is typically joint and several.
Carlos Baño Law Firm
If you'd like more information, you can also Contact us via Google.
