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

Surrey RCMP recover $80,000 worth of stolen property

Police found the property after executing two search warrants in Newton

White Rock approves scaled-up Festival of Lights for 2020

Event to run for nearly 60 days, and expand from the white rock to Oxford Street

White Rock to encourage Uber, Lyft to operate in city

South Surrey and White Rock are without ride-hailing services, for now

Annual Battle of the Badges hockey game to combat bullying in Delta schools

This year’s Battle of the Badges takes place at Sungod Arena on Pink Shirt Day (Wednesday, Feb. 26)

Trains through White Rock, Surrey could be affected by rail blockades

Coastal GasLink said it’s signed benefits agreements with all 20 elected band councils along pipeline route

VIDEO: Ottawa wants quick, peaceful resolution to pipeline protests, Trudeau says

The protests have manifested themselves as blockades on different rail lines across the country

VIDEO: Giants win 10th straight on home ice in Langley

Family Day was about spending time with the fans and dazzling them with a 3-2 victory over Seattle

Canucks acquire forward Tyler Toffoli from Kings in push for playoffs

Vancouver sends Schaller, Madden, pick to L.A.

New highway proposed between Alberta and B.C.

The route would connect Red Deer to Kamloops

Wet’suwet’en and B.C. government have been talking Aboriginal title for a year

Coastal GasLink says it has agreements with all 20 elected First Nations councils along the 670-kilometre route

Trudeau tightlipped on plan to end protests ‘quickly and peacefully’

The prime minister, who cancelled a two-day trip to Barbados this week to deal with the crisis at home

B.C. budget expected to stay the course as economic growth moderates

Finance minister said ICBC costs have affected budget

Canadian standards for coronavirus protection to be reviewed, health agency says

The protocols set out how health workers should protect themselves and their patients

Monday marks one-year anniversary of man missing from Langley

42-year-old B.C. man, Searl Smith, was last seen leaving Langley Memorial Hospital on Feb. 17, 2019

Most Read