Il compensation for damages caused by stray dogs it is a hot topic for Italian legislation and difficult to understand and apply by the average citizen. Who has civil, economic and criminal liability for a stray dog?
Today we will try to answer this question in a schematic and simple way by breaking down the Italian bureaucracy into factors which, as we know, sometimes really puts the patience of citizens to the test!
Retrieving stray dogs: preventing a specific danger
Compensation for damages caused by stray dogs is the final step in a situation that should be handled well before damage occurs. Stray dogs are not only an Italian reality, but a worldwide one that sees thousands of abandoned animals to their destiny and their instincts.
This problem is exacerbated in inhabited centers where the presence of dogs that have not undergone preventive health care, behavioral education and that are not adequately fed can create disorder.
Who is responsible for stray animals?
As often happens in Italy, legislation on prevention and safety takes on blurred and unclear outlines. In terms of managing stray dogs, there is a protocol that aims to prevent this phenomenon with the aim of preserving the health of the animals themselves and of the citizens. Although the interest is national in scope the delegation is to the regions who can define the particular implementation protocols with respect to their health and geographical management.
From Lombardy to Puglia, or from Veneto to Calabria, the regions can define the management of strays in detail further delegate to municipalities which, in symbiosis with the ASLthey would become directly involved in the problem.
Stray dogs and kennels: a complex dynamic
Compensation for damages caused by stray dogs should not be debated if prevention in this sense worked well. It is obvious that we are talking about an extremely complex area to manage over large territories. There normative reads:
«It is the supra-municipal bodies that determine the criteria for the rehabilitation of the municipal kennels and the construction of shelters for dogs. These structures must guarantee good living conditions for the dogs and compliance with the hygienic-sanitary standards which are subject to the health checks of the veterinary services of the local health units”.
So in which cases is it possible to claim compensation for damages caused by stray dogs?
Accident with a stray dog: who takes full responsibility?
In the cases of refunding request damages caused by stray dogs the cassation court has established, in cases where this is possible, that the liability refers jointly to Municipalities and Local Health Authorities.
Naturally, such compensation cannot be accessed in a simplistic way, but it is necessary to acquire legal concreteness and deliver to the competent authorities a series of documents and evidence:
- Objective economic quantification of the damage;
- Possible testimonies of the unfortunate incident;
- Medical certificate if the damage is of a physical nature;
- Accident report to the police forces;
- Proof of the money spent due to the accident with the stray (invoices or receipts).
So if you are reading this article, you immediately have a damage and you are making a claim for damages caused by stray dogs, start taking steps to get hold of all this documentation to report to the competent offices of your municipality and your ASL.
Stray dogs: health risks
Animals living in an urban context can be a danger to themselves and to others. First of all, since they have not been treated with vaccine prophylaxis, they can represent a vehicle of infection of serious pathologies also for patronal subjects.
Furthermore, another problem is represented by the management of mating which, if not catalysed by the competent authorities, can get out of hand and create real packs of dogs that count dozens of specimens. In these cases, the safety of citizens may be at risk who may come face to face with these subjects, certainly of a good nature, but not educated in human contact.
Recovery of stray dogs: role of the citizen
Before arriving at a claim for damages caused by stray dogs it could be useful to solve the underlying problem. When you come into contact with or are aware of a pack of stray dogs (or cats) you need to act judiciously: giving food to these animals is certainly a charitable act and absolutely not reportable, but should we limit ourselves to this?
Absolutely not, the next step is to notify your municipality or local health authority to manage a situation that could get out of hand in an ethical, health and legal way.