Have you ever thought about what would happen if your dog bit someone? It doesn’t have to happen — especially if you give your dog positive training that helps it understand what you expect. But just in case, it’s always better to be prepared and know in advance how to act in that situation.
Under Article 1905 of the Spanish Civil Code, the moment you take in an animal you become responsible for any harm it may cause, in all cases — even when your dog has escaped or is lost. The only exceptions are if the incident happens through force majeure (such as a traffic accident, fire, etc.), or if the person who is bitten is at fault for what happened.
If there is no complaint
If your dog bites someone and causes injury, that person will normally go to a hospital or health centre — and animal attacks are recorded even when the injured party does not file a formal complaint.
The first step of the protocol is an initial assessment of the dog, carried out by the body responsible in your autonomous community. This authority will check that your vaccination record is up to date and will assess your dog’s psychological state after the incident.
If the report is positive, your dog will stay at home with you, with restricted walks for a period of between ten and forty days, until a second, definitive assessment is carried out.
If your vaccinations are not up to date, the dog has bitten on other occasions, and/or the psychological assessment is negative, your dog may be moved to an animal shelter, where it will be quarantined before a further, more thorough veterinary assessment.
If all your dog’s paperwork is in order and it’s an isolated case, it usually ends in nothing more than a scare.
If there is a complaint
If the person who was bitten files a complaint at a police station, then, alongside the assessment of the dog, a court hearing will be held. This will set the compensation you must pay the injured party for damages.
Civil liability insurance
In 2023, the Official State Gazette published Law 7/2023 on the protection of animals’ rights and welfare — the new Animal Welfare Law.
This law requires pet owners to insure the damage their animals may cause to third parties through civil liability (Responsabilidad Civil) insurance. This cover protects the dog’s owner if, for example, the dog slips off the lead and causes a traffic accident, or knocks over a small child while playing in the park… and, of course, also if it bites another dog or a person.
Civil liability insurance can protect you whether or not a complaint is filed. Being prepared is the best way to enjoy life with your dog with complete peace of mind.
