Personal injury advice from
Thompsons Solicitors
Dog Attack Compensation Claims
If a person is attacked by a dog the injuries can be very severe, or even fatal. Victims of dog bites are almost always left with scarring and are often affected psychologically. It is therefore imperative that any dog owner keeps their dog under control at all times to avoid the possibility of personal injury to others.
Our expert personal injury lawyers may be able to assist you in making a compensation claim if you have been injured in a dog attack, so contact us on 0800 0328511, or by completing a claim enquiry form online, for expert advice.
Dog Attacks
Dog Bite Injuries
Preventing Dog Attacks
Dog Bite Injuries at Work
Laws on Dangerous Dogs
Which Dogs are Dangerous?
Dog Owners’ Liability
Claiming Compensation for Dog Bite Injuries
Compensation
Our Specialist Personal Injury Lawyers
Dog Attacks
Although most dogs are gentle companions for their owners, they are capable of inflicting injury and should always be handled with caution and care.
Horrifying incidents reported in the press recently illustrate the need for more diligence on the part of some dog owners, such as the tragic death of 5 month old Cadey-Lee Deacon following an attack by Rottweiler dogs.
If a dog is able to attack and injure someone because its owner failed to take sufficient measures to control it, a personal injury claim may be possible. At The Legal Line, we can provide specialist legal advice on your case and guide you through the claims process.
Dog Bite Injuries
Dog bites can inflict injuries ranging from minor grazes and bruising to severe lacerations and puncture wounds, often causing damage to underlying structures such as tendons, ligaments and bones.
In adults, the majority of dog bites affect the hands, arms and legs. In children, it is unfortunately common for dog attacks to result in facial injuries, as the smaller stature of children means that their faces are closer to the level of the dog.
Dog bite wounds are especially prone to infection, so even a minor wound should be cleaned thoroughly and monitored carefully, as it may require treatment with antibiotics. Except for the most minor of injuries, it is always advisable to seek medical advice about a dog bite injury.
In the case of serious injury, stitching or even reconstructive surgery may be required to repair the damage caused by the dog bite.
Preventing Dog Attacks
Dog owners can take certain measures to reduce the risk of their dogs causing injury to others, including:
• Proper care, training and socialisation of both dogs kept as pets and also working dogs.
• Ensuring that dogs are kept on a lead whilst out in public.
• Never leaving children unattended with dogs.
• Use of a muzzle on dogs that have displayed aggressive tendencies in the past.
• Providing information to anyone who comes into contact with their dog about its behavioural traits.
• Ensuring that gardens are properly enclosed to prevent dogs from escaping into public areas.
• Keeping loose dogs enclosed away from entrances when doors are opened.
• Displaying a notice that a dog resides at the premises to warn visitors.
As an individual there are also measures you can take yourself to avoid dog bite injuries. For example:
• Do not approach a dog you are not familiar with.
• Never pet or feed a dog without the owner’s permission.
• Avoid contact with dogs when they are eating, sleeping or with their puppies.
• Try not to make loud noises or sudden movements as dogs can see this as a threat and become agitated.
If you suffer a dog bite and believe this was caused by the negligence of someone else, perhaps because they failed to take safety measures such as those detailed above, you should seek legal advice at the earliest opportunity as you may be entitled to compensation.
Dog Bite Injuries at Work
People in certain professions have an increased risk of suffering dog bite injuries at work, particularly those who have to visit private homes and business premises where dogs may be kept. This would include:
• Healthcare workers – People providing medical or social care in the community who visit people’s homes, such as health visitors, midwives, paramedics, G.P.s and carers.
• Delivery personnel – Couriers, postal workers and delivery drivers.
• Emergency services – Police officers, firefighters and ambulance service employees.
• Dog handlers – Those working with dogs directly, for example in the police force or military.
• Home service providers – Plumbers, electricians, window cleaners, council staff etc.
Employers who know their employees will need to work with or around dogs should ensure that they receive all the necessary training, personal protective equipment and information about the animals in their care to carry out their work safely and minimise the risk of injury.
Business owners, private homeowners and tenants must consider the safety of anyone they invite onto their property and take steps to ensure that visitors are not harmed.
If you are the victim of a dog bite as the result of a workplace incident, contact us on 0800 0328511 for advice about making a claim.
Laws on Dangerous Dogs
Following a number of vicious dog attacks on young children in the early 1990s, action was taken to tighten the legislation affecting dog owners, as to the control and behaviour of “dangerous” dogs in public. This law is known as The Dangerous Dogs Act 1991. Under the Act it is illegal for any breed of dog to be out of control in a public place.
Although the benefit of this law is that it allows for dog owners to be criminally prosecuted, it does not create any new rights for a person injured in a dog attack to claim compensation against the owner.
The main law that relates to the owner’s responsibility for damage caused by their dog is The Animals Act 1971. It sets out the circumstances under which an animal’s ‘keeper’ is required to pay compensation to a third party for damage caused. This could include damage to property or a personal injury.
Which Dogs are Dangerous?
There are certain types of dog that are prohibited in the UK, as they are known for their aggressive nature and ability to inflict serious injuries, having been bred primarily as fighting dogs. It is an offence to own them or breed from them and they are:
• The Pit Bull Terrier
• The Japanese Tosa
• The Dogo Argentino
• The Fila Brasileiro
Although these are the known ‘dangerous dogs’, there are other dogs that could be considered dangerous under certain circumstances, for example, breeds of dog that are known for their attacking tendencies and/or are likely to cause serious injuries with their bites if not kept under control (e.g. Rottweilers, Mastiffs, Alsatians and Doberman Pincers).
It is important to remember however that animal behaviour is never 100% predictable. Even a trusted family pet, however small and previously docile, may become aggressive under certain circumstances. Dogs of any breed should be handled properly at all times and must be kept under control in public places and whilst around children.
Dog Owners’ Liability
The Animals Act 1971
In order for an owner / keeper to be considered responsible for the damage caused by a dog under the Animals Act, anyone looking to make a personal injury compensation claim would have to ensure that the following criteria were satisfied:
1. the animal was likely to cause the damage if unrestrained OR was likely to cause severe damage;
2. the likelihood of damage or its severity resulted from a special characteristic of the animal; and
3. that characteristic was known to the keeper
The interpretation of the Animals Act has been assisted by a number of decisions of the courts:
In Curtis v Betts (1990), a young Bull Mastiff dog injured a child in defence of its territory in the back of a car. In holding the keeper liable, the Court of Appeal decided that because the dog was a Bull Mastiff, this was enough to show that injuries caused by its bites were likely to be severe, and the first of the above three criteria was satisfied.
The Court of Appeal also held that the Bull Mastiff’s territorial instincts were enough to amount to a “special characteristic” and, if that characteristic is known to the keeper, he or she will be liable.
Curtis v Betts is an important decision. It was once thought that a “special characteristic” had to be an abnormal characteristic. A dog’s territorial instinct is certainly not abnormal. It is well known that a dog is defensive of its territory and so this characteristic would be known to an owner.
This case is a great help to persons injured by dogs who are trying to claim compensation, as many dog attacks result from a dog’s territorial instincts, such as the classic example of the bitten postman.
Negligence
In addition to the Animals Act, a person injured by a dog attack may argue that its owner was negligent. It would have to be shown that the owner failed to take care in controlling the dog, and that this caused the attack. Generally, this would apply in cases where an owner has failed to keep the dog on a lead or in an enclosure (i.e. a cage or kennel), where it was sensible to do so.
Assault
If a person deliberately sets a dog upon another, not only has that person committed a serious criminal offence, an injured person can claim compensation for assault. In this situation, the dog would be considered an “instrument” of the attacker, in the same way as a knife or gun.
Claiming Compensation for Dog Bite Injuries
It is important to obtain prompt legal advice if you have suffered personal injury as the result of a dog attack and believe that you may be entitled to make an injury claim.
In any dog bite claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. Medical evidence will also be required. Your lawyer will be able to collate all of the information about your case and advise you on the best way in which to proceed.
If a dog bite does occur, you should try to record as much information as you can, including details of any witnesses and taking photographs where possible. Remember to keep details of any medical treatment and receipts for any injury related expenses, as these may be useful in your claim.
Compensation
There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you have gone through and any loss of amenity (perhaps an inability to play sports, do housework or drive). The award for loss of amenity can be for a short period after the dog bite or for ever if that is what the medical evidence supports.
The second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the dog bite had never occurred. It is important to keep receipts for any expenditure you have related to your injury so that these can be reclaimed.
Our Specialist Personal Injury Lawyers
If you or a member of your family have been injured by a dog attack, you will need specialist support and guidance through what will undoubtedly be a difficult time.
Our lawyers are experts in all areas of personal injury, with extensive experience in handling dog bite injury claims, so we can provide specialist advice and guidance on whether you can make a claim. Contact The Legal Line on 0800 032 8511 or by completing an online claim enquiry form.
For details of previous cases we have dealt with, and information about issues relating to dog attacks, see our personal injury news and client stories sections, or follow the links below:
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