A Lower Mainland man who was attacked by a pit bull has launched a lawsuit that could have implications for dog owners throughout B.C.
According to a new civil suit filed in B.C. Supreme Court, the then-75-year-old, who has asked to protect his identity out of safety concerns, was out for a walk near his home in Surrey between 96 and 162A Avenues when he passed by two pit bulls on Dec. 4.
The larger of the two dogs attacked the man, leaving him with deep lacerations to his arm that required 25 staples, he said. The man now has an eight-inch scar in his arm where the dog latched on.
“I feel I was like a chicken being shook by the dog. It was… oh it was so terrible,” he said.
The pit bulls that passed him, including the one that bit him, were identified as the same dogs that attacked a Surrey couple in October 2016.
WATCH: Surrey couple attacked by two pit bulls are fighting back
On Oct. 9, the couple was allegedly attacked by the two dogs just outside Tynehead Park. The dogs were unleashed and had escaped from a home.
Daisy Sangha, one of the victims, said at the time that the attack was so traumatic she thought she was going to die. She said she was left with serious bite wounds to her chest and her husband was mauled on his legs and buttocks.
The City of Surrey labelled the dogs as “dangerous” after the first incident and required that they be muzzled and on a leash when outdoors.
READ MORE: Surrey couple attacked by two dogs near Tynehead Park
When Global News spoke to the owners of the dogs in December, they said their pets were responsible for the October attack, but not this recent incident. The owners said the dogs are always muzzled.
The December 2016 case could be worth tens of thousands of dollars.
That’s because John Rice, the alleged victim’s lawyer, is taking the rare move of suing for punitive damages to send a message of deterrence.
“Pet owners and homeowners have an obligation to protect against reasonable and foreseeable harm caused by their pets,” Rice said.
The list of injuries being claimed by the man includes severe lacerations, bruising and contusions along with anxiety.
The injuries are serious, and members of the the legal community have said the case is a warning to all dog owners.
“I’m not sure people think about their homeowner’s insurance covering a dog attack,” said Julie Fisher, a lawyer not connected to the case.
Fisher said victims can sue for significant damages through a dog owner’s home insurance.
READ MORE: Victim of Surrey pit bull attack speaks out against dog’s owner
“You as the dog owner could receive a defence for that case and also the insurance company would pay all or most of the award as well,” she added.
In the current case before the court, both pit bulls were put down and the homeowners have not filed a response.
The alleged victim wants the breed banned before someone dies.
“You just imagine if was a baby or a child or an elderly guy in a wheelchair who cannot defend himself,” the man said.
- With files from Amy Judd and Rumina Daya