Many people believe a Dog Park is a place where dogs can roam freely and that, since dogs are allowed to be Off-leash, anyone involved in an accident simply has to accept their bad luck.

In fact, under Australian law, allowing dogs to be Off-leash does not mean dog owners are exempt from legal liability.

We recently received an enquiry relating to such a case.

A Chinese woman was walking in a dog park in Sydney while two large dogs chased each other across the grass at high speed. One of the dogs suddenly collided with her, causing her to fall heavily. After being taken to hospital, she was diagnosed with a fractured arm. Her doctor expected that recovery would take at least several months, during which she would be unable to work normally.

After the incident, she contacted the dog owner to negotiate compensation, but the owner said:

“This is a Dog Park. Dogs do not have to be on a leash here.”

So, when an accident like this occurs at a dog park, is the dog owner really free from liability?

The answer is no.

Off-leash Does Not Mean a Dog Need Not Be Controlled

Many local councils in Australia designate Off-leash Areas where dogs may roam freely.

However, one point must be clear:

Off-leash ≠ No Responsibility.

Even where the law allows a dog to be off-leash, its owner remains obliged to exercise reasonable control over the animal and prevent it from injuring others.

If a dog charges at or chases passers-by, or even knocks someone over and injures them while running at high speed, the dog owner may still bear the corresponding legal liability.

How Is Liability Usually Determined?

In New South Wales (NSW), cases of this kind are generally analysed from the following two legal perspectives.

1. Companion Animals Act

Under the relevant provisions of the Companion Animals Act, conduct in which a dog charges at, chases or attacks a person may fall within the scope of a dog attack, even if no bite occurs.

Where the relevant conditions are met, the dog owner may bear the corresponding liability.

2. Negligence

In practice, most dog-park injury cases are ultimately analysed through Negligence.

Courts generally focus on one question:

Did the dog owner take reasonable steps to control the dog?

For example:

• A large dog was chasing another dog and running at high speed;
• The owner did not intervene or recall the dog promptly;
• The dog knocked over a pedestrian and caused serious injury;

If a court considers the risk to be one that a reasonable person should have foreseen and taken steps to avoid, the dog owner may have been negligent and may be liable to pay compensation.

What Should You Do After a Similar Accident?

If you are injured by another person’s pet, you should take the following steps as soon as possible.

1. Preserve Evidence Promptly

This includes:

• The time and place of the accident;
• The dog owner’s name and contact details;
• Photographs and video from the scene;
• Witnesses’ contact details;
• Medical records, medical certificates, X-rays and other examination reports.

This evidence is critical to any subsequent claim.

2. Seek Compensation from the Other Party

A lawyer will generally first send the other party a Letter of Demand and request relevant insurance information, such as:

• Home Insurance
• Public Liability Insurance

In fact, in many Australian cases involving injury caused by a pet, the insurer ultimately pays the compensation rather than the dog owner personally bearing the entire amount.

3. Negotiate or Commence Civil Proceedings

Most cases are first resolved through negotiations between a lawyer and the insurer.

If the parties cannot reach agreement, the injured person may also protect their lawful rights through civil proceedings and claim medical expenses, loss of income and other reasonable losses in accordance with the law.

Final Thoughts

When many international students or new migrants encounter a similar situation, their first reaction is often:

“Forget it—it happened at a dog park.”

Australian law does not, however, view the situation in this way.

Allowing a dog to roam freely does not mean its owner can disregard the safety of others.

The law permits a dog to be off-leash; it does not exempt the dog owner from liability.

If you or a family member is injured by another person’s pet in Australia and you are unsure whether you have a right to claim compensation, seek advice from a qualified lawyer as early as possible so that the prospects of enforcing your rights and making a claim can be assessed in light of the specific circumstances.