DOG ACT 1976 - SECT 46
DOG ACT 1976 - SECT 46
46 . Damages
(1) The conviction of
a person under this Act does not affect any right or remedy by civil process
of any party arising in relation to the same matter, and the provisions of
this Act do not limit or affect any right, remedy or proceeding under any
other Act or at law.
(2) The owner of any
dog, or a person deemed under subsection (5) to be the owner of a dog, shall
be liable, subject to any contributory negligence, in damages for —
(a)
injury to any person or animal inflicted; or
(b)
damage to the property of a person caused,
in the course of an
attack by that dog.
(3) It shall not be
necessary in any proceedings for a party seeking damages in respect of an
injury caused by a dog to show a previous mischievous propensity in the dog or
the knowledge of that propensity on the part of the owner or a person deemed
to be the owner, or that the injury was attributable to neglect on the part of
the owner or a person deemed to be the owner of the dog.
(4) It shall not be a
defence in any civil proceedings in relation to injury, damage, nuisance or
annoyance caused by a dog for a person who would otherwise be liable therefor
to show that at the material time the dog was not in his possession or control
unless he also satisfies the court that the dog was in the actual possession
or control of some other person without his consent, express or implied.
(5) A person who
—
(a) has
a dog in his possession or under his control; or
(b) is
the occupier of any premises where a dog is ordinarily kept or ordinarily
permitted to live,
shall for the purposes
of subsection (2) be deemed to be the owner of the dog whilst those
circumstances subsist.
(6) In addition to any
other defence he may have, a person referred to in subsection (5)(b) is not
liable as owner of a dog if he satisfies the court that at the material time
the dog was in fact owned by some other person over the age of 18 years, whom
he shall identify.
(7) Where the death of
a person is caused by the attack of a dog and that person would, if death had
not ensued, have been entitled to maintain an action against, and recover
damages from, the owner of the dog in respect of injury caused by the attack
the death may, for the purposes of the Fatal Accidents Act 1959 , be taken to
have been caused by a wrongful act, neglect or default on the part of the
owner of the dog.
[Section 46 amended: No. 23 of 1987 s. 38; No. 24
of 1996 s. 15.]