Bite Now, Pay Later – Dog Owners’ Liability in NSW
There’s nothing quite like the unconditional love of a dog. With their wagging tails, puppy eyes and boundless energy, they bring joy to every corner of our lives. Dogs are family, companions and, in many cases, protectors. But being a responsible dog owner isn’t just about cuddles, walks in the park, or throwing a ball at the dog park. It’s also about understanding and respecting the laws that protect both the wider community and your pet.
While most dogs are friendly and well-trained, accidents can happen. A startled dog may nip a visitor or a playful jump could cause someone to fall and get injured. What does the law say if the worst happens? What if your dog injures someone at home or in public, or damages their property?
In New South Wales, the rules are quite clear. Under section 25 of the Companion Animals Act, dog owners can be held responsible for damage caused by their dog. This includes:
- attacks or injuries to a person, and
- damage to personal property, such as clothing.
This duty of care is strict. Even if you didn’t directly cause the injury, the law says that, as the person in charge of the dog, you may be liable for what your animal does. This includes, for example, if some one else is walking your dog for you such as a friend.
The law recognises that there are certain situations where it would be unfair to hold an owner responsible. For example, if the injured person was trespassing on the property where the dog is usually kept (and the dog is not classified as dangerous or restricted), the owner may not be liable. As well, if someone intentionally provokes the dog, responsibility may not fall on the owner. Outside of these exceptions, however, the liability is broad, meaning many owners could face claims even if they believed they had taken every precaution.
Who Is Considered an “Owner”?
The law casts a wide net when defining ownership. It is not limited to the person who paid for or registered the dog. Legally, an “owner” can be the registered owner of the dog or even a person who ordinarily keeps or cares for the dog. This means that liability can extend beyond the person listed on the registration form — for instance, a family member or housemate who usually looks after the dog could also be caught under the law in certain extreme circumstances.
One way dog owners can protect themselves is by considering insurance. Some home and contents insurance policies cover liability for injuries or property damage caused by pets. However, this is not always automatic, as certain breeds or classifications (like restricted or dangerous dogs) may be excluded. You should review your insurance policy documents.
Specific pet insurance can also be purchased which covers injuries to other animal or humans, either as part of a pet insurance package or as a stand-alone policy. You should speak to your provider.
Given the potentially high cost of medical treatment or legal action, reviewing your insurance cover is a important step for all dog owners in NSW.
Paw-lease Be Responsible
If your dog injures someone, even on your own property, you may find yourself legally liable. For dog owners, this highlights the importance of training, socialisation, supervision and also understanding your legal obligations. Insurance can provide peace of mind, offering financial protection if things go wrong.
Should you be faced with a claim for an action of your pet it is important that you receive the right advice as your insurance policy will not always provide appropriate cover. Contact our litigation lawyers immediately after receiving notice of a claim so that you may receive advice regarding your liability for your dog.
