A compensation claim of CAD 4,862.62 made by a woman who was bitten by a dog near the elevator of her apartment was recently dismissed by the B.C. Civil Resolution Tribunal.

According to the ruling released on May 5, the complainant Ying Shen was bitten by a neighbor's mini Australian Shepherd while she was going to the lobby of her apartment to greet the concierge on Christmas Eve in 2022.

That night, after Shen exited the elevator, she happened to encounter her neighbor Jeffrey Dale Polo walking his daughter's dog Juliet back from their stroll. As they passed each other, Juliet suddenly bit Shen's hand.

According to the ruling document, Polo immediately apologized and explained that "this dog is usually well-behaved."

Shen stated that after being bitten, she felt "intense and progressively worsening pain," then took an Uber to the emergency room at St. Paul's Hospital, where she received a tetanus shot and treatment for "superficial abrasions."

Ruling member Peter Nyhuus described, after reviewing photos of the wound, that Shen had a small open wound on the webbing between her thumb and index finger on the back of her hand.

Shen subsequently reported the incident to the City of Vancouver, and an animal control enforcement officer intervened in the investigation. It was ultimately determined that Juliet was not an aggressive dog, and therefore did not violate the Animal Control Bylaw.

However, the investigation also found that Juliet was not registered as required, which became a factor considered by Nyhuus when making his ruling.

Nyhuus explained in the ruling that, as a matter of practice, dog owners are only liable for biting incidents if they "knew or should have known" about the dog's aggressive tendencies.

He wrote: "Generally speaking, if a dog has not bitten anyone before, the owner cannot foresee its danger, hence the phrase 'every dog is entitled to one bite'."

Taking into account that Juliet was unregistered, it could be reasonably inferred that this should have been Juliet's first biting incident, as an enforcement officer would likely have discovered her unlicensed status earlier and enforced registration.

The ruling also noted that Polo was not negligent; he was holding Juliet with "reasonable force" using a short leash, keeping the dog close.

Nyhuus concluded: "While I sympathize with Ms. Shen's experience, I must rule according to the current legal situation. In the eyes of the law, the incident that occurred on December 24, 2022, was essentially an accident for which no one is responsible. Therefore, the losses and compensation claimed by Ms. Shen are not supported."

Source: https://www.ctvnews.ca/vancouver/article/woman-bitten-by-australian-shepherd-refused-4k-because-every-dog-is-entitled-to-one-bite-tribunal-rules/

Original article: https://www.toutiao.com/article/7506714142427660863/

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