Tortious Liability for Damage Caused By Animal: A Case Study of Dogs

Abstract

The objectives of this research aims to study about regarding 1) how to identify the owners of dogs or the persons taking care of dogs on behalf of the owners 2) how to identify the persons temporarily taking care of dogs while waiting for new owners 3) the guideline of remedy for severe damage caused by dogs 4) the dog-fee collection from the owners of dogs or the persons taking care of dogs on behalf of the owners 5) the criminal liability of the owners of dogs. The study reveals that, In the United Kingdom, Australia, Republic of Singapore, Kingdom of Netherlands, Republic of Korea and European Union, there are specific dog-related laws and punitive damages in order to prevent and stop the wrongdoings of persons. Therefore, Thailand should enact various laws and regulations on this matter. Firstly, the owners of dogs, the persons taking care of dogs on behalf of the owners, the persons temporarily taking care of dogs while waiting for new owners must be registered and the details of such registration must be publicly announced. Secondly, electronic collars with GPS must be used. Thirdly, an organization responsible for dealing with persons taking care of dogs while waiting for new owners must be established. Fourthly, punitive damages must be applied in the event of severe damage with fixed rates. Fifthly, dog insurances must be required. Sixthly, dog-fee must be collected from the owners of dogs and the persons taking care of dogs on behalf of the owners with some exceptions, e.g. not the dogs of the blind and deaf, not the dogs raised for commercial purposes and not the dogs raised before the application of dog-fee collection. Lastly, criminal liability must be imposed in the case where the dogs are not aggressive or fierce animals with the power to quarantine the dogs by authorities.