Liability of Pet Owners in Urban Dog Bite Cases and Municipal Inaction

The relationship of humans and dogs has been regarded as a timeless bonding of friendly companionship with dogs as pets, assuming a prominent place in urban households. However, a surge in pet ownership coupled with the increase in dog bite incidents has reshaped this social relationship into a crucial legal concern. This study examines the extent of tortious liability of pet owners in incidents of injuries caused by their dogs in urban areas and the responsibility of municipalities for their inaction to regulate dogs leading to public injuries. It analyses the concepts of negligence, strict liability and the rule of scienter to explore the laws governing the liability of dog owners in incidents of harm caused by their pets. This study further highlights the role of municipal bodies in sterilisation, vaccination and implementation of population control measures of the unregulated dogs in public spheres and the defences available to the municipalities for the breach of their statutory duties. The study also argues that while strict liability aligns with a victim-centric approach, it is supplemented with various internal inconsistencies requiring the emphasis on negligence to assess liabilities. The study concludes that India requires a comprehensive legal framework that strikes an equilibrium between public safety and victim protection, pet owner accountability and safeguarding animal welfare in urban settings.