Animal in the law: Bitten by a dog - what you need to know

As a small child, I shared my biscuits with the most impressive giant schnauzers. With my thin little fingers, I put the biscuits between their pointed teeth. I had no fear. To this day, four-legged friends rarely send a shiver down my spine, much more so two-legged friends.

Nevertheless, I can empathise with how people who are afraid feel. When a barking farm dog runs up to me on a walk - with or without a dog - I also flinch for a moment. What if it suddenly bites? Caroline Mulle, legal researcher at the Foundation for Animals in the Law, knows what to do.

To the series "Animal in the law"

Who gets the cat in a divorce? What can you do if the neighbour's dog keeps barking? Many legal questions revolve around pets. In the Galaxus series "Animals in the law", Caroline Mulle from the Foundation for Animals in the Law answers these and other questions.

Caroline Mulle, why do dogs bite?

For example, due to fear, pain, stress or lack of training. It is important to understand the causes in order to change the behaviour. Or even better: to recognise signs before an incident occurs.

What can these be?

Before biting, dogs often show stress signals such as staring, growling and a tense posture.

Is such behaviour typical of certain breeds or are the owners to blame?

Breeds can exhibit differences in stimulus threshold and behaviour. This is because dogs were bred for specific tasks, such as hunting or protecting animals and property. However, aggression is primarily characterised by the owner, the training and the dog's experience.

What is the best way to react if a dog runs towards me?

You should remain calm, turn your body away and never become frantic or run away. The dog could misunderstand this. You should also not stare directly at the animal, but try to ignore the dog.

What can I do if dogs get into a fight?

It is important to remain calm despite the hectic situation. First and foremost, you should pay attention to your own safety and that of others. Under no circumstances should you intervene with your hands or body. Instead, the dogs could be separated with a larger object, such as a rucksack. Splashing them with water also often causes the animals to let go of each other.

And if they don't do this and my dog has bitten another one?

It is important to treat the injuries quickly and, if necessary, have them treated at a veterinary practice. Contact details should also be exchanged.

What consequences do owners have to fear?

If you are charged with animal cruelty and a violation of cantonal dog regulations, you could face a fine of up to 180 daily rates or a prison sentence of up to three years. The veterinary office can also order measures to be taken. Under civil law, dog owners are liable for any damage caused by their dog. Unless the person concerned releases themselves from liability.

What does this mean in concrete terms?

You must be able to prove that a free-roaming dog can be called off and is safe in contact with other animals and people. And even a dog on a lead must be trained to obey its owner and not attack other animals.

How can I prove this?

Proof is actually difficult to provide in practice. This could be provided by eyewitnesses, for example.

What does the situation look like if your own dog has been bitten?

Dog owners can report a bite incident to the cantonal veterinary office. However, they are not obliged to do so. Following a report, the cantonal veterinary office will decide on the next steps.

What is checked?

For example, whether the animal suffers from a behavioural disorder that can be alleviated by dog training courses or a muzzle and/or lead requirement.

Can biting really be stopped?

It is possible, but it requires consistent training and patience. This is best achieved with the help of dog trainers or behaviour specialists. Care must be taken to ensure that only non-violent methods are used. It is also important to react early to signs of insecurity or aggression. It is also crucial to avoid risky situations, for example by using a lead or muzzle.

How do you proceed if your dog has bitten a person?

Basically, the same applies as in the case of a bite between dogs. However, the costs of damages under liability law can be much higher - for example, because the person can no longer work temporarily due to the injury and there is a loss of earnings. Criminal proceedings can also be initiated in the event of bodily injury.

What is the situation with cat bites?

In the case of cats, animal owner liability is subject to certain restrictions. Unlike dogs, cats can hardly be controlled and trained by their owners. As a result, cat owners are generally not liable for property damage or personal injury caused by their cats.

Can the dog be required to be put down under certain circumstances?

As a last resort, the dog may be ordered to be euthanised. However, only if the dog poses a significant danger to the public and other animals and this cannot be prevented in any other way. The veterinary office carries out this assessment and makes the final decision.