New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 25

25 Liability for injury to person or damage to personal property

(1) The owner of a dog is liable in damages in respect of--

(a) bodily injury to a person caused by the dog wounding or attacking that person, and

(b) damage to the personal property of a person (including clothing) caused by the dog in the course of attacking that person.

(2) This section does not apply in respect of--

(a) an attack by a dog occurring on any property or vehicle of which the owner of the dog is an occupier or on which the dog is ordinarily kept, but only if the person attacked was not lawfully on the property or vehicle and the dog was not a dangerous dog, menacing dog or restricted dog at the time of the attack, or

(b) an attack by a dog that is in immediate response to, and is wholly induced by, intentional provocation of the dog by a person other than the owner of the dog or the owner's employees or agents.

(3) This section does not apply in respect of a police dog or a corrective services dog.

(4) This section does not affect the liability apart from this section of any person for damage caused by a dog.