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

District confirms case of COVID-19 in Elkford

Post to District’s Facebook page Monday informed residents of COVID-19 reported in community

Local artists struggle due to cancelled shows and closed shops

Creatives everywhere are in search of alternative ways to keep their content going

West Kootenay couple escapes Spain – safe, sound, and in self-isolation

BC couple Garrett Kucher and Tory Apostoliuk make it home after almost a week of lockdown in Spain

Emergency response teams continue services during pandemic

The RCMP, SAR, and fire department proceed with operations throughout COVID-19 situation

Social media a blessing and a curse during time of crisis: B.C. communication expert

‘In moments of crisis, fear is very real and palpable,’ says SFU’s Peter Chow-White

B.C. records first at-home death from COVID-19, but 70+ hospital patients have recovered

Total of 970 novel coronavirus cases in B.C., with the majority in the Lower Mainland area

BC Ferries able to restrict travel for sick passengers

Ferries working on schedule shifts to keep workers safe

Pay parking suspended at B.C. hospitals due to COVID-19

Temporary free parking reduces need for keypads, contact

Canada expands 75% wage subsidy to COVID-19 affected businesses of all sizes: Trudeau

Program will provide up to $847 per week for each worker

Helping those at risk, one piece of paper at a time through ‘isolation communication’

Simple paper tool during pandemic making its way across Canada thanks to social media.

‘Back to school, in a virtual way’ for B.C. students in COVID-19 pandemic

Province adds online resources to help parents at home

Canadian COVID-19 round-up: Air Canada cuts 15,000 jobs, 90% of flights

Comprehensive Canadian news update as of 2:30 p.m., Monday, March 30.

Apartments evacuated during police stand-off

The incident occurred at Grand Forks apartment building on March 28

Most Read