Many families in Australia keep dogs. Today we’ll talk about what responsibility an owner has if, while walking their dog, the pet accidentally bites someone.

In NSW and other states, even a very minor bite can lead to significant fines or even imprisonment.

Case study:

46-year-old Neal Alexander was nearly "bitten to death " by a large American Akita in March 2020, and has been unable to work since. He was the third person attacked by this dog.

In addition to permanent nerve damage and pain, Alexander also developed post-traumatic stress disorder from repeatedly reliving the experience during Waverley Council’s two-year investigation, as well as the A$100,000 he spent on medical and legal fees.

Alexander had been entrusted by the dog’s owner to look after the Akita for an afternoon. Because the American Akita is a large breed, the owner had put a muzzle on it. Before long the Akita became agitated, so Alexander asked the owner if she could come and take it away. When the owner arrived to collect the dog, Alexander took the dog outside, not realising the muzzle had fallen off. According to Alexander’s later account, “The dog’s head suddenly turned and lunged at my left hand… tearing a 5cm gash above my hand; my hand was deeply bitten. I managed to pull my arm free, turned and ran. Then the dog leapt out of my car in pursuit, dragging me to the ground on the footpath. Then, while pulling me onto the footpath, the dog savagely bit into the right side of my abdomen; after biting through it kept slamming into my waist, shaking its head and violently attacking my side, tearing out several large chunks of flesh and causing unbearable pain.”

After being rushed to hospital by ambulance, Alexander underwent 2 operations and was bedridden for 6 months, with permanent nerve damage to the right side of his abdomen and his hand. Because of the psychological trauma, Alexander began taking Valium on an ongoing basis.

Alexander subsequently reported the attack to the local council, which then issued a notice to the dog’s owner declaring her dog to be of a dangerous kind. Under NSW law, if a dog attacks, kills or repeatedly threatens a person or other animal without being provoked, the council or the Local Court may declare it dangerous. Under NSW Government rules, owners of dogs declared dangerous must, in addition to the one-time pet registration fee, pay an annual permit fee of A$195. A "dangerous dog " warning sign must also be displayed at the dog’s home.

In NSW —

Under the Companion Animals Act 1988 (NSW), if a pet dog attacks another person or animal, even if no injury is caused, significant penalties apply. The maximum fine is A$11,000.

Furthermore, if the pet dog belongs to a menacing breed, or is considered a “dangerous” or “restricted” kind, the maximum fine can reach A$44,000. Examples include the American Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro.

What if the owner provoked the dog’s attack?

If the owner’s conduct caused the pet dog’s attack, the penalties are much more severe. If the attack is deemed to have resulted from the owner’s recklessness or negligence, the maximum penalty can reach A$22,000 and up to 2 years’ imprisonment.

If the dog also belongs to a “dangerous” or “restricted” breed, the fine can rise to A$55,000 and 4 years’ imprisonment.

However, imprisonment is relatively uncommon, and usually occurs where the owner has “failed to act” — for example, failing to control the dog’s behaviour — and it is not the first time the dog has attacked a person.

In more serious circumstances, if the owner “provokes or encourages” the pet dog, the maximum penalty can reach A$77,000 and 5 years’ imprisonment.

The role of the Council

In NSW, when a victim has been attacked by a pet dog, the matter is generally first reported to the council. The council can then take action — whether issuing a warning, taking the matter to court resulting in a fine, rehoming the dog, or in individual serious cases, having the dog euthanised.

Final thoughts

Australia is a very animal-friendly country, but at the same time it has a fairly comprehensive set of laws that require pet owners to comply strictly — for example, there are strict rules on whether dogs may be off-leash in different dog-walking areas. So before getting a pet, owners must be very clear on this set of rules to avoid bearing serious consequences after an accident.