Dogs are a constant source of income, not only for pet shops but also for lawyers. Over the past several years, dog cases have been on the rise, as lawyer’s fees increase accordingly. As a legal specialist in the field, I must admit I prefer to represent those attacked by dogs and not dog owners, as I sometimes have to.
The reason I prefer to be on the “victim’s” side is simple. Generally, I cannot win when representing a dog’s owner. I can minimize their damages and get a “good deal” in court, or even outside court in mediation. But “winning” is almost impossible due to Israeli legislation stating that sole responsibility lies on the dog’s owner’s shoulders.
Did I say “law”? It’s not enough to know the law. You have to know the local regulations in every city – they differ from city to city. A permit/license is needed across Israel, including a veterinarian inspection, regular vaccines etc.
Below I’ve compiled a “guide” to the laws and obligations of dog owners, including some suggestions in order to give you some basic tools and understanding regarding ownership of dogs in Israel.
Who should be held responsible?
It doesn’t matter if you were holding your dog in your hands, walking him on a leash, if he was tied to a tree, near you, far away, or running freely when he bit or attacked another person, no matter who it may be. According to Israeli law and past courts rulings, the dog’s owner and/or the person who holds guardianship of the dog at that moment (a dog walker for example), takes sole responsibility for any damage that may be caused by the dog’s behavior! And the dog owner is responsible not only if the dog physically attacked someone, but even if the dog frightened someone passing nearby, causing him to panic and hurt himself.
Who shall be held responsible if a dog attacks another dog?
Muzzles:
Some dogs must wear a muzzle in public. Most dogs don’t need one, but if you know in advance that your dog can be “unfriendly” with a certain type of person or in particular situations, it is recommended your dog wear a muzzle, so as not to take any chances.
Leashes:
Yes, it’s a must today and not longer than 5 meters (approx. 15 feet) long. The leash must be safe and composed of strong material. In the case that the leash rips, allowing the dog to run away, it is your sole responsibility. You will not be able to hold the dog shop that sold you the leash responsible.
Not a lost case:
There are several cases below in which a dog’s owner will be exempt if his dog causes damage to a third party. Below are the only exceptions in which a dog owner will not be held solely responsible for his dog’s behavior.
- Self-defense 1, Trespass: When someone enters your property and is attacked by your dog, you may be found not guilty and exempt from responsibility, if and only if your property complies with the laws regarding fence height and mandatory warning signs.
- Self-defense 2: Your dog attacked someone who was attacking you or your family member at that moment.
- Self-defense 3: If the dog was attacked and hurt the attacker as an act of self-defense.
Insurance?
Yes, there is insurance for these cases. But assuming you follow all of the insurance policy’s rules and regulations, you likely won’t find yourself in a situation where your dog has attacked someone or having the need to use the coverage at all. These policies are filled with numerous requirements obliging a dog owner to be extremely careful and act according to every law and regulation.
Court decisions:
The legal system is in favor of public safety and unforgiving. The law is extremely strict favoring those injured/attacked by a dog. The burden of proof in these cases is not on the plaintiff’s shoulders, as is common in other cases, rather on the dog owner’s shoulders! He is the one who must provide evidence/substantial proof above reasonable doubt that one of the 3 items above existed in the case.
A word or wisdom:
No matter how careful you are, there is no way to prevent a dog from attacking and causing personal injury damages to a third party. The legal defenses one has are rare to be found.
Be aware, be careful and remember: If it does happen that your dog attacks someone else, never admit anything – don’t enter into negotiations and never agree to pay anything before consulting a lawyer.
