Vem är ansvarig för en biten hund?

2020-07-27 i Strikt ansvar
FRÅGA
HelloI have a dog that is completely calm and he has friends in hundgården that usually play togather, afewdays ago the other dogs were jumping on my dog and biting him because of toy in hagen and i tried to aware owners that are my friends to take care of their dogs because my dog was clearly bothered. But they didnt care and my dog wanted to say no to them and bite the dog somhow that he was injured and we were in hospital and he got 3 stiches on his wound. Now the bill is around 6000 kr and the dogs owner is asking me to pay all otherwise she would go for police. I want to know what is my responsibility while they were playing while there was a toy that is forbiden in hagen and their dog was bothering mine and i said to take him away but they did not listen!
SVAR

Hello and thank you for contacting Lawline!

The responsibility of dogs is regulated in the following law: lagen om tillsyn över hundar och katter.

In Sweden, the dog owner or the one in charge of the dog have something called "strikt ansvar" (strict liability). It means that the dog owner are liable for any damage or injuries caused by their dog, no matter if it was your fault or not (19 § lagen om tillsyn över hundar och katter). The strict liability applies even if your dog is attacked and bites back, meaning that you're responsible for your dogs actions and might have to pay for the damages caused (in this case the veterinary cost).

However, if the other dog owner is partly responsible for the damage due to negligence, you might be able to "jämka" (adjust) the demanded payment for the damages made, meaning that you may not have to pay the full cost of the damage (6 chap. 1 § skadeståndslagen - the Swedish tort liability act).

Conclusion

You are responsible for your dogs actions. You might, however, be able to jämka (adjust) the demanded payment if you consider the other dog owner to be partly responsible for their dog's injury.

Best regards,

Emlika Magnusson
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