In this week's legal corner, sponsored by our friends at Anglo Siam Legal in Pattaya, we look into a recent hot topic in the national Thai news…dog attacks.
In the past week alone there have been two cases of a person being attacked and killed by a dog, or dogs, in Thailand. We reported on these incidents here.
Lets take a look at the laws in Thailand on this subject:
In Thailand, if a person's dog bites or harms another person, the owner, if they exist, is generally held liable for the damages caused. Here are some key points:
1. Civil Liability: According to Section 433 of the Thai Civil and Commercial Code, the owner of an animal is responsible for compensating the injured party for any damages caused by the animal. This includes medical expenses and any other costs directly related to the injury.
2. Criminal Liability: If the owner is found to be negligent, they could face criminal charges under Section 300 of the Penal Code. This could happen if it is proven that the owner knew the dog was agitated and failed to restrain it, leading to grievous bodily harm. The penalties can include imprisonment for up to three years and a fine of up to 6,000 baht.
3. Local Regulations: In Bangkok, for example, there are additional regulations that require dog owners to control their pets to avoid causing annoyance or harm to others. This includes keeping fierce breeds on leads and muzzled when in public². Fines for non-compliance can go up to 5,000 baht.
If a stray dog bites or harms someone in Thailand, the situation can be a bit more complex:
1. No Direct Owner: Since stray dogs don't have a specific owner, there's no individual to hold directly liable for the damages. This means the injured person may not be able to claim compensation in the same way they would if a pet dog caused the injury.
2. Local Authorities: In some cases, local authorities might be responsible for managing stray animals. If the authorities have been negligent in controlling stray dog populations or ensuring public safety, there might be grounds for a claim against them. However, this can be difficult to prove and may require legal assistance.
3. Public Health Measures: Local governments often have measures in place to control stray dog populations, such as vaccination and sterilization programs. If a stray dog bite occurs, it's important to report it to local health authorities to ensure proper medical treatment and to help prevent future incidents.
4. Community Responsibility: In some communities, there are efforts to care for and manage stray dogs collectively. This can include feeding, vaccinating, and even adopting stray dogs. While this doesn't directly address liability, it can help reduce the risk of incidents.
In reality, private financial settlements are often made between parties while avoiding legal action over a dog attack in Thailand, at least if the dog has an identified owner. If the dog is a stray, however, it is often difficult if not impossible to reach any sort of compensation.
It's also important to note that if the victim of an attack was trespassing on private property, either knowingly or not, laws could significantly differ and the owner may not be liable in Thailand.
Consider reaching out to Anglo Siam Legal for assistance with any problems you may have had or questions regarding legal matters, including legal issues around conflicts over a dog attack.
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