Council's liability for negligence to the public for injury from dog attack
Summary
Outlines liability of councils for negligence regarding dangerous dogs and what constitutes breach of duty.Australian legislation provides for the control of dangerous dogs. Responsibility for control falls on local government. The legislation means the public is to be protected by each council exercising its powers to restrain, contain or destroy dogs identified as threatening public safety. From legal precedent, it is argued that councils most likely do owe a duty of care to the public arising out of the exercise, or non-exercise, of the powers vested in them to control dogs.
To avoid negligence in its duty, every council should have proper administrative procedures and the following:
- dangerous dog guidelines
- protocols for seizing and declaring dangerous dogs
- protocols for the destruction of dogs
- guidelines for monitoring compliance with legislation by dangerous-dog owners
- all of the guidelines/protocols must be effectively carried out
- training for AMOs in the legislation, protocols and guidelines and this training must be ongoing.