Jane Rosenberg, along with her dog Tomas, would like to see updated bylaws to protect people and animals in the City of Duncan’s off-leash dog parks. (Robert Barron/Citizen)

Jane Rosenberg is afraid to go back to the dog off-leash area in McAdam Park after an incident there on Dec. 4.

Rosenberg, 72, has been struggling to get back on her feet and regain her health after being knocked down in the park by a big Labrador retriever when she was there with her small dog.

She said the Lab was not aggressive and was likely just trying to play with her dog, Tomas, but she ended up with a cracked tibia and dislocated knee after the dog knocked her to the ground.

Rosenberg thanked all the people at the park who came to her assistance, as well as the ambulance attendants who allowed Tomas on the ambulance by calling him a service dog

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“But I’m just beginning to walk again now,” Rosenberg said.

“The owner of the big dog said at the time that it was my dog’s fault and left. I called the City of Duncan (which operates the park) and was told they had never heard of such a complaint, but I wonder whether many people report these types of incidents.”

Rosenberg would like the City of Duncan to develop a bylaw that can used to protect people injured by animals in its off-leash parks.

“I received no recompense for my injuries and had to bear the whole cost,” she said.

“I was hoping to put the word out and have people who have had similar incidents to report them.”

Garry Kerr, Duncan’s bylaw enforcement supervisor, said that in his five years working with the city, he can’t recall any instances of anyone receiving a serious dog bite in an off-leash park in that time, but there have been cases of aggressive dogs in the parks.

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He said owners are expected to keep their animals under control, and, as part of the city’s contract with Coastal Animal Services, the company deals with aggressive dogs and their owners in these areas on behalf of the city.

Kerr said he has had discussions with Rosenberg regarding her incident and told her the city has no provisions to compensate her for being knocked down by a friendly dog under its existing bylaws.

He suggested that she could pursue a civil suit against the dog owner.

“But she has no idea who the dog owner is,” Kerr said. “I really feel for her, but I’m not sure what can done.”

Kerr said it is possible for the city to consider changing its dog bylaw in an effort to protect people and animals in these situations.

But he said if the bylaw was changed to bar dogs of certain sizes from off-leash areas, for example, enforcing the bylaw would be almost impossible.

“Where would the cut off be for the size of dog allowed?” he asked.

“We could carry weight scales with us, but I doubt many owners would allow us to pick their animals up and place them on the scales.”

robert.barron@cowichanvalleycitizen.comLike us on Facebook and follow us on Twitter

Cowichan Valley Citizen