Dear PAO,
I have a neighbor who has a son who is a person with disability (PWD). This kid walked in front of my house the other day and got bitten by my fur-baby (dog), which was leashed to my front gate. Honestly, the child should have avoided my leashed dog because it was clearly visible at the time. My neighbor should have watched over her PWD son. Now, my neighbor wants me to pay for the medical expenses of her son. Do I really have to?
Xyla-Belle
Dear Xyla-Belle,
Under the law, you are obligated to pay for the medical expenses of your neighbor’s son. This is explicitly provided for in Republic Act (RA) 9482 or the Anti-Rabies Act of 2007. Sections 5 and 11 thereof state the following:
“SEC. 5. Responsibilities of Pet Owner. - All Pet Owners shall be required to:
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"(e) Within twenty-four (24) hours, report immediately any Dog biting incident to the Concerned Officials for investigation or for any appropriate action and place such Dog under observation by a government or private veterinarian.
"(f) Assist the Dog bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim’s injuries.
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"SEC. 11. Penalties. -
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"(3) Pet Owners who refuse to have their Dog put under observation after said Dog has Bitten an individual shall be meted a fine of Ten thousand pesos (P10,000.00).
"(4) Pet Owners who refuse to have their Dog put under observation and do not shoulder the medical expenses of the person Bitten by their Dog shall be meted a fine of Twenty-five thousand pesos (P25,000.00).”
Clearly, after a biting incident, a pet dog owner is required to report the incident immediately to concerned officials, ie. barangay officials, health workers, police officers or government veterinarians, and notably, to assist the dog bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim’s injuries. Failure to do so will result to incurring not only civil, but also criminal liabilities.
In your case, while your dog was indeed leashed to your gate, it was still accessible to passers-by. Consequently, it ended up biting your neighbor’s child when he passed by your house. As such, the law demands that you pay for his medical expenses; otherwise, you will be fined. You are responsible for your dog and the health and well-being of anyone that it attacks.
Please note that this piece of advice was based only on the facts you have given and our appreciation of the same. Our opinion may change given more details.
We appreciate your trust and support.