A San Ramón de Alajuela resident was walking her dog on a leash this past weekend when, in a matter of seconds, several loose dogs attacked her pet. In the images captured by a surveillance camera, the woman is seen trying to protect her dog. She and her pet end up on the ground, overwhelmed by the other dogs until a man approaches and scares them away.
This case raises the question: how to react? But it also raises the question of whether legal action is possible in a scenario like the one the woman experienced with her pet.
What should be done in the event of a dog attack?
Dr. Melissa Calderón, a veterinarian with an emphasis on small animals, explained to this media outlet that, initially, dogs that have owners should always be kept on a leash outside.
Dogs with aggressive behavior or a tendency toward aggression should wear a muzzle to prevent attacks on other animals or people. When a fight occurs between dogs, it is essential to act quickly and safely to avoid harm to both the animals and the people involved.
Calderón offers practical guidance on how to handle these situations as best as possible:
Stay calm (as much as possible): do not yell or become agitated, as this can increase the dogs’ aggression.
Do not use direct force or hitting: avoid hitting the dogs or trying to separate them by pulling on their collars, as this can increase their aggression or cause injury.
Do not put your hands between the dogs, as you could be seriously injured.
Use objects to separate the dogs: if you have a leash, blanket, or even a jacket on hand, you can try placing it between the dogs to block their vision and distract them.
In some cases, sashes or leashes can be used around the neck to try to separate them, but always be very careful and only if the situation allows.
“Wheelbarrow” technique: If two people are available, each can hold the dog by its hind legs and lift them, moving the dogs in opposite directions. This helps them release their bite, lose their balance, and facilitates separation. If you cannot safely separate the dogs, seek help immediately.
Is there any civil or criminal action?
In the first instance, the Animal Welfare Law does not apply penalties for a dog attacking another dog in a case like the one that occurred in San Ramón, according to information recently submitted by the National Animal Health Service (Senasa) after an incident involving a dog. This is because it is not considered cruelty, given that the attack did not occur because the animal reacted to a “command” or order from a person.
The only action that could be taken against the owner of the attacking dog is a sanitary measure. That is, to indicate that the dog must be restrained or kept on a leash and muzzled.
However, the animal’s owner can file a civil action against the owner of the attacking dog for veterinary care. If the person is injured, the complaint can be filed criminally.
Article 130 bis of the Costa Rican Penal Code establishes this: anyone who releases a dangerous animal with obvious negligence can face a sentence of three to six months in prison.
If the animal causes physical harm to a person, the sentence can be extended to one year, provided it does not constitute a felony such as serious injury or homicide.
