FILE – The owner of a Pomeranian killed after another dog attacked it tried to sue the bystander who tried to help. (Pixabay)

Bystander who tried to help dog being attacked not liable for its death: B.C. tribunal

Owner of dog killed tried to get $5,000 in damages from man who tried to save it

A man who ran to help a dog being attacked does not have to pay damages related to the fight, the B.C. Civil Resolution Tribunal has ruled.

In a decision released Friday, tribunal vice-chair Andrea Ritchie said Manmeet Bajwa was not responsible for the fight that left Jessica Barth’s dog, Taz, dead on April 12, 2019. Barth had been seeking $5,000 in damages, to cover both Taz’ purchase price and for “pain and suffering” as a result of the attack.

At issue is a dog fight that happened when Barth and her roommate were loading a car in front of their home. Taz, her Pomeranian, was nearby.

Barth said that another dog, named Rambo, came running towards them and attacked Taz. She said she saw Bajwa trying to stop Rambo, a pitbull, during the attack, and alleges he was carrying a leash and collar with him.

Barth alleged that Bajwa was responsible for the dog at the time, although she acknowledged he was was not Rambo’s owner. For his part, Bajwa said he thought the dog was a stray and that he only came to help because he thought Rambo was attacking a cat.

In an interview with animal control the day of the attack, Bajwa said he had seen the dog hanging around his work site that day but did not know whose it was, nor what it was doing there.

In her decision, Ritchie said the only people liable for a pet’s behaviour are its owner or anyone who officially takes responsibility for the dog, like a boarder or a trainer. As Bajwa was neither, Ritchie dismissed the $5,000 in damages against him.

ALSO READ: B.C. woman ordered to return dog to ex-boyfriend for $2,000

ALSO READ: Alberta bulldog breeder ordered to refund B.C. buyer over puppy’s behaviour


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

dog attack

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

BC Sheriff Service implements COVID-10 measures at courthouse

Visitors will notice a checkpoint outside the building

Central Cariboo Search and Rescue recruiting new members

Anyone interested in learning more is invited to an upcoming open house

COLUMNS: School reopening plan receives a failing grade

MLA Donna Barnett said the official opposition is demanding clarity

Williams Lake and District 4-H live auction takes place Monday, Aug. 10

District 4-H vice-president said he’s hopeful the community will show its support

Williams Lake RCMP investigating break and enter in Miocene

A large amount of items were stolen from a family home

Lawsuit launched after Florida child handcuffed, booked and briefly jailed

Suit alleges “deliberate indifference” to what should have been handled as a behavioural issue

Russia approves vaccine, Putin hopes to begin mass production

Critic calls decision to proceed without thorough testing ‘dangerous and grossly immoral’

Man, 54, charged in connection with fatal attack of Red Deer doctor

Doctor was killed in his walk-in clinic on Monday

Doctor slain in Alberta medical clinic was devoted father, husband

Red Deer doctors on edge after attack on colleague who had two young daughters

Royal B.C. Museum wants B.C.’s COVID-19 nature observations

COVID-19 Collecting For Our Time: ongoing project cataloguing province’s pandemic experience

Feds offer ‘life preserver’ funds to BC Ferries as pandemic sinks revenue

For every dollar the province spends the federal government will match

Bad behaviour at B.C. restaurants ignites campaign calling for respect

“If you can’t follow the rules, then stay home,” says BC Restaurant and Foodservices Association

Over half of Americans oppose Trump tariff on Canadian aluminum: survey

The survey was conducted Aug. 7 to 9 among 1,513 Canadians and 1,003 Americans

Most Read