A woman who sought nearly $5,000 in damages after being bitten by a dog on Christmas Eve has had her claim dismissed, after a British Columbia tribunal ruled the incident amounted to an accident — and that “every dog is entitled to one bite.”
Ying Shen was bitten on the hand by a mini Australian Shepherd named Juliet as she stepped out of an elevator in her apartment building in Vancouver on 24 December 2022.
The dog, which was leashed and accompanied by neighbour Jeffrey Dale Polo, bit Shen as the two passed each other in the corridor.
According to the B.C. Civil Resolution Tribunal’s decision, Polo apologised, saying Juliet was “usually well behaved.” Shen sought medical attention that night at St. Paul’s Hospital, where she was treated for a superficial abrasion and given a tetanus shot.
She later filed a report with the City of Vancouver. A bylaw officer determined that Juliet was not considered dangerous under city regulations, though the dog was found to be unlicensed.
In his 5 May ruling, tribunal member Peter Nyhuus explained that under B.C. law, a dog owner is liable for damages only if they knew — or reasonably should have known — their pet had a tendency to be aggressive.
The common principle, Nyhuus noted, is that “every dog is entitled to one bite.”
“There is no evidence that Juliet had ever bitten anyone before,” Nyhuus wrote. “Had she done so, it likely would have come to the attention of bylaw officers, especially as the dog was unlicensed.”
Nyhuus also ruled Polo was not negligent, as he had the dog on a short leash and maintained control during the incident.
“While I sympathise with Miss Shen, I am bound to apply the law as it stands,” he added. “In the eyes of the law, what happened on 24 December was essentially an accident that no one is to blame for.”
As a result, Shen’s $4,862.62 claim for medical costs and damages was denied.
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