A municipality in Buenos Aires approved the ordinance known as “dog bites owner pays”. It refers to the harshening of penalties for pet owners.
It is Lanús, and the measure was inspired by the case of “Barack”, a dog that was killed by a pitbull that was being walked without a leash. The City Council unanimously approved the regulation.
Dog bites owner pays: the new regulation
Following a brutal attack that ended a dog’s life on the street, the Lanús City Council unanimously approved a new ordinance.
It toughens the penalties for animal abuse and establishes concrete measures to ensure responsible pet ownership.
It comprehensively regulates the Ownership, Protection, and Health of Animals in relation to the community.
Among the main points, it adopts surgical sterilization as the only method of population control, expressly prohibiting euthanasia as a way to reduce the number of stray animals.
The regulation in Lanús.
Additionally, it establishes free prevention and rabies vaccination campaigns provided by the municipality.
Pet owners will be legally responsible for damages, harm, or disturbances caused by the animals to other people, animals, public or private property.
Clear rules of urban coexistence are also established: it will be prohibited to house pets on balconies, terraces, or non-ventilated vehicles, as well as tying them to trees or posts in public if they pose a risk or obstruction.
Sanctions for non-compliance range from infraction tickets and fines equivalent to 10 to 35 municipal workdays, to the imposition of community service by the local Court of Offenses.
The case that motivated the measure
The regulation is named after “Barack,” in honor of the dog that was killed in February by another uncontrolled dog.
The incident occurred in the Villa Diamante neighborhood when an unleashed pitbull escaped from a home and attacked Barack, who was on a leash with his owner, Marisa, a municipal Zoonosis volunteer.
The case shocked the neighbors and motivated the initiative that has now become law.
The precedent in Jujuy
Recently, in the case “Damages and Perjuicios: F. C. M. c/ T. C. I. y V. M.” the Chamber I of the Civil and Commercial Court of San Salvador de Jujuy admitted a similar claim.
A woman filed a lawsuit for damages and harms against her neighbor after his dog bit her in 2014.
The cases that reached the Justice.
As she recounted in her filing, the plaintiff arrived home when the large mixed-breed dog named “Roco” abruptly appeared and jumped on her and started biting her in different parts of her body.
Considering applicable the Article 1124 of the repealed Civil Code, which establishes the responsibility of the animal’s owner or guardian and framed the situation within the objective realm of liability (1113 CC), Judge Elba Rita Cabezas admitted the claim.
In this regard, the defendant was sentenced to pay $7,859,944.76, as compensation for moral damages ($2,000,000), physical disability ($2,830,087.21), medical and pharmacy expenses ($700,000), and interest that added up to the indicated amount.
