2023-10-25 13:08:52
Two examples of mastiffGETTY
The owner of the herding dogs that this Monday killed a young woman on a rural road in Zamora may face charges of “reckless homicide,” as recognized by the Government delegate in Castilla y León, Virginia Barcones. These animals were loose and without the presence of the owner of the farm, so the owner will have to testify before the judge and may face the crime of reckless homicide once the facts are investigated by the Civil Guard.
What duties do sheepdog owners have? Can they let them loose in the countryside, even if they are dangerous? The new Law on Animal Welfare does not clarify what the shepherd’s responsibility is when these types of accidents occur. Criminal and civil proceedings are opened to compensate the victim of the attack by these animals.
What does the Animal Welfare Law say?
The recent Law on the Protection of Animal Rights and Welfare, in force since September 29, considers herding and livestock guard dogs as animals used in specific activities. Thus defined, these dogs, such as those used for hunting or for professional activities (rescue dogs, companion animals that perform assisted interventions or those of the Security Forces and Corps) are expressly excluded from the scope of application of this standard.
Why have these animals been excluded from the current law?
The main reason for excluding sheepdogs were complaints from livestock and farmer associations, who considered that with the initial wording it would have been impossible for these dogs to continue their work. Furthermore, ranchers assure that their exclusion has avoided the problems of the previous law, which considered mastiffs as potentially dangerous animals.
Where then is possible liability for sheepdog attacks regulated?
In the absence of the regulations that develop the Animal Welfare Law, and with the express exclusion of herding dogs from the law in force, we must resort to the general rules of civil law. Antonio Vadillo, lawyer from the Animal Law Section of the Madrid Bar Association, explains that article 1,905 of the Civil Code obliges the owner of these dogs “to insure him.” So the possessor, or the person who uses them for a commercial activity, is responsible for the damages they cause, even if they escape or are lost.
This responsibility will only cease when the damage comes from force majeure or the fault of the person who suffered the attack. Furthermore, Vadillo recalls that, in the case of Zamora, the Pet Animal Law of Castilla y León “refers us to the Civil Code to ensure” the damage caused by these animals.
What are the obligations of a shepherd towards his dog?
Every dog owner must prove, with the new law, that they have completed a training course for dog ownership, which will be valid indefinitely. This course will be free and its content will be determined by regulation.
However, this obligation does not apply to owners of sheepdogs. They were excluded due to the inconsistency that a shepherd is required to undergo an examination to obtain knowledge about the responsible ownership of his dog, while a similar examination is not required for the ownership of livestock.
On the other hand, shepherds are affected by the obligation to have contracted and have in force civil liability insurance for damages to third parties, which includes in its coverage the persons responsible for the animal, for an amount sufficient to cover possible derived expenses, which will be established in the future regulations.
However, although this insurance could be required from the shepherd, since it is a professional activity, its application must be “regulated in the drafting of the future regulations” of the Animal Welfare Law, highlights Juan Tenorio, lawyer at Legálitas.
Should they have them registered?
They must register them in the Companion Animal Registry, vaccinate them and provide their essential care. In this sense, it is prohibited to feed them with viscera, corpses and offal without sanitary control. Registration establishes a mandatory identification system, as well as the identity of its owners or managers.
Its purpose is to facilitate the identification and traceability of any animal abandoned anywhere in the national territory, regardless of the autonomous community in which it was registered.
This record will include the identification and health data of the animal whenever it carries out activities associated with human actions such as grazing, hunting tasks or its use by the Security Bodies and Forces.
In addition, the identifying data of the person who owns or is responsible for the sheepdog or livestock guardian must be included.
Can they be loose?
Yes, but always within sight of the owner. Juan Tenorio reminds us that these dogs must “be kept under conditions of surveillance and care to prevent an attack.” They must be guarded and under supervision, and the owners must be alert in case any walker feels threatened. The president of the Zamora College of Veterinarians, Elena Laguno, recognizes that herding dogs can only be out of sight of their owner when they are in mountainous terrain and with scattered livestock.
What should insurance for a sheepdog be like?
Both the Civil Code and regional regulations require these animals to be insured. The future regulations of the Animal Welfare Law could also include this obligation.
Insurance for shepherd dogs or livestock guardians with a basic civil liability coverage of 300,000 euros without excess can mean a fee of 110 euros per year for the shepherd. Vadillo points out that it is common for “agricultural or livestock farming activity insurance to cover civil liability,” which can considerably reduce the cost.
What if there is an attack and a person dies? What responsibility does the owner have?
As Tenorio recalls, the owner of a sheepdog that has killed a person faces three types of responsibilities. Firstly, the administrative one, which involves a fine imposed by the autonomous community due to “the lack of adequate control.”
On a second flank, criminal responsibility, since in the event of death it could be a crime of reckless homicide. And this would encompass the third type of liability, civil, that is, that which arises when someone is responsible for damage caused to a third party (the obligation to repair).
For its part, the crime is applied with three types of graduation. The slight graduation would allow the judge to impose civil liability, but the amount of compensation is subject to the “disparity of criteria” of the courts, says this lawyer.
At an intermediate level, the pastor, in addition to compensation, could face a less serious crime of reckless homicide that would entail a penalty of three to 18 months of fine at a rate of two to 400 euros per day depending on the economic capacity of the pastor and of the seriousness of the events.
Finally, a serious degree that would mean one to four years in prison. But this option is the most remote, according to this lawyer, because it would have to be shown that the shepherd omitted the “duty of care” for his dogs knowing that releasing him could cause the death of a person.
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