A dog owner has avoided liability after his overfriendly pet German shepherd knocked over a neighbour and hurt her wrist, in what injury lawyers say is a key decision affecting negligence cases.

An owner is not automatically liable if their dog causes injury, according to the July 22 ruling in the District Court of NSW.

The court heard Jennifer Bevan was holding her pet cavoodle when Gregory Smith’s German shepherd Evie jumped up, placing his paws on her twice. On the second occasion, Ms Bevan fell and was hurt.

Ms Bevan sued Mr Smith, claiming for economic loss, treatment costs, domestic assistance, and pain and suffering.

The case looked to NSW’s Companian Animals Act and Civil Liability Act for guidance and precedent.

The court heard Ms Bevan and her dog had interacted well with the 60kg Evie and there was no history of aggression before the incident in the Sydney suburb of Caringbah in December 2020.

Law firm Hall & Wilcox says the decision to reject the claim provides useful guidance for insurers, dog owners and anyone involved in defending public liability claims featuring animals.

“It reinforces that liability will depend on the circumstances of each incident, not simply the fact that an injury occurred,” the law firm said.

It says liability under the Companion Animals Act requires evidence a pet attacked or acted with an aggressive or deliberate intention to injure.

“A negligence claim will depend on what was foreseeable. Courts will consider factors such as the dog’s history, previous behaviour and whether a reasonable owner should have taken additional precautions,” Hall & Wilcox said.

“The facts matter. Evidence about the dog’s temperament, prior interactions and the circumstances will often determine whether liability arises.”

Ms Bevan must pay Mr Smith’s costs, the court has ruled.