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Other Infosheets - Civil Responsibility in Quebec

Responsability for Animals

Animals are an important part of our lives, whether they are companions (like dogs and cats) or teammates (like horses). But it's important to know that an owner who has control over an animal can be held responsible if that animal causes injury to others.

In this Infosheet, Éducaloi explains when animal owners or caretakers can be held responsible for an animal’s acts.

I own an animal. What is my responsibility if it causes damage?

You are responsible for the animal(s) you own. Under the law, “animal” has a broad definition. You can be responsible for injuries or other harm caused to a person, another animal, or an object by your dog, cat, horse, cow, reptile, etc.

You are responsbile for your animal’s act when:

• it is in your care (for example, when you take it for a walk, bring it to a friend’s house, are in your own home)
  
• it is in the care of a third party (for example, while your neighbour is watching your animal while you’re away)
  
• your animal is lost or has escaped

The law is strict toward animal owners: they are subject to a no-fault regime. This means that if someone suffers harm because of your animal, that person does not need to prove that you personally committed a fault. The only proof necessary is that the animal you own caused the damage.

Although I’m not the owner, I was in charge of an animal when an incident occurred. Can I be sued?

Yes. Even if you’re not the owner, if an animal is in your care or control when it causes damage, both you and the owner may be responsible.

For example, you may be responsible for the animal’s acts if you rent a horse for an outing, if you transport animals, if you operate a livestock exchange, or if an animal is in your care for any other reason.

How can I avoid responsability?

Generally, if you own or are taking care of an animal, you are responsible for any damage that the animal may cause. Even if you take precautions, like posting signs on the doghouse warning that your dog is dangerous, or putting a leash on him, you are not absolved from your responsibility as the owner or custodian of the animal.

The only way that you can partially or totally avoid your responsibility is if you can prove that the damage was caused totally or in part by:

• the victim’s fault
  
  The victim may be found at fault if he did not take basic reasonable precautions when dealing with unpredictable animals (by provoking an animal, trying to scare it, not taking necessary precautions, etc.).
  
  
• the fault of a third party
  
  
• an event or series of events considered to be an act of God (event beyond human control) or considered to be fortuitous (unpredictable)

My neighbour’s dog bit my child. What must I prove to hold the owner responsible?

The law presumes that the owner or person in charge of the animal at the time is responsible for the incident. Unless this person can absolve himself of this responsibility (by proving the incident was the fault of the victim, a third party, or a superior force), all you need to prove is the following:

• the victim suffered harm caused by the animal
  
  
• the person you want to sue owns the animal or was in charge of the animal when the incident happened

My dog bit someone. Am I responsible for the damage if it was impossible to stop him?

Yes. A dog owner is responsible for any harm caused by the dog even if he had no control over the animal when the incident happened.

Are veterinarians or animal trainers responsible if an incident occurs while an animal is in their care?

Even if an animal is only temporarily in your care and you do not own the animal, it is necessary for you to have “custody” over the animal in order to perform your job. If an incident occurs while a dog is temporarily in your custody, you may be held liable because the animal was under your control at the time.

The owner of a stable rented a skittish horse to an inexperienced rider. My own horse was injured when the poorly controlled horse bucked. Who can be sued?

First of all, the person who rented the horse: this person may be resonsible because he had custody over the animal at the time of the incident and he was supposed to ensure that it caused no damage.

Secondly, there is the owner of the animal. An owner who hands over a difficult animal to an inexperienced person commits a fault that makes him responsible.

While running away from a dog that was chasing me, I fell and injured myself. Do I have recourse against the owner of the animal?

Yes. If an animal’s acts were the direct cause of prejudice suffered by the victim, its owner is responsible. There does not have to be physical contact between the animal and the victim.