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Woman’s Injury Claim Dismissed After Vancouver Tribunal Rules ‘Every Dog Is Entitled To One Bite’

A tribunal has dismissed a woman's $5,000 damages claim after she was bitten by a "usually well-behaved" dog, ruling that the incident was legally considered "an accident that no one is to blame for.”

On Christmas Eve of 2022, Ying Shen was bitten by a mini Australian Shepherd named Juliet in her apartment building in Vancouver.

At the time of the incident, Juliet was in the care of Jeffrey Dale Polo, who is the father of Juliet’s owner.

Polo had Juliet leashed, and the dog was on a short, firm grip. However, as he passed Shen, Juliet bit the complainant on the hand in an out of character moment for the dog.

According to the B.C. Civil Resolution Tribunal’s decision, Polo apologised, saying Juliet was “usually well behaved.”

Shen sought medical attention 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, claiming $4,862.62 in damages.

Shen argued that the superficial abrasion caused intense pain, while Polo argued that he had taken every precaution he could, but sometimes dogs just do dog things.

Tribunal member Peter Nyhuus explained that the law subscribes to the idea that “every dog is entitled to one bite.”

“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.”

“There is no evidence that Juliet had ever bitten anyone before,” Nyhuus said.

“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.

Shen’s $4,862.62 claim for medical costs and damages was denied.