Dog Bite & Attack Compensation Claims

With yet another report of a horrific, fatal dog attack, this time in Sunderland in the news, it appears that dog attacks are, unfortunately, on the rise.  Our hearts go out to the families of those affected.

The rise in fatal dog attacks

Pre-pandemic there were three fatalities a year from dog attacks but in 2022 there were ten. Police forces that responded to a Freedom of Information Request from ITV News documented 11,373 dog attacks between July 2021 and June 2022. With a 26% rise in attacks since the pandemic began in 2020 there is pressure on the Government to further amend the Dangerous Dogs Act 1991.

What does the Dangerous Dogs Act 1991 outline?

The Dangerous Dogs Act originally stated that a person was guilty of a criminal offence if their dog, or a dog under their control at the time, was dangerously out of control or injured somebody in a public place.

The Act was amended so that the owner, or person in charge of a dog at the time, is guilty of a criminal offence if their dog is dangerously out of control or injures any person or an assistance dog in any place in England or Wales (whether or not it is a public place).

What this means in practice is that you will be liable, not only if your dog is dangerously out of control or injures someone in a public place, but also if your dog injures a visitor to your premises or there is a reasonable belief that it will do so.

It means that you should take extra care to control your dog when you have visitors in your home.  Even if it is merely over-exuberant and knocks over a visitor who is injured as a result, you could still be guilty of an offence.

Thankfully, most dog attacks are not fatal but a dog can still inflict life-changing injuries and significant scarring to its victim, both psychologically and physically. Out-of-control dogs could also cause accidents to road traffic users and horse riders.

So what happens if you have been injured in an accident involving a dog? Firstly, and most importantly, you should report the incident to the police and seek medical assistance. There is a risk of infection from any dog bite, however, minor.

Bringing a dog bite or attack claim

You may wish to consider bringing a dog bite or attack compensation claim against the owner. For such a claim to be successful, you must be able to prove that the owner was negligent. If the dog owner can show that they had reasonable control over the dog and the dog had never previously shown aggression or behavioural qualities that were out of character, this may be a defence to the claim. You will have to be able to show that the owner/keeper of the dog ought to have known that the animal was likely to behave in such a manner.

A claim will normally be brought against the owner/keeper of the dog if they have assets sufficient to pay compensation or if they have pet insurance or household insurance which will cover such a claim.

You have three years from the date of the incident to bring a claim unless the victim is a child. Claims on behalf of children can be made at any time up to the age of eighteen and after that, they can make their own claim at any time before the age of 21.

If a person does not have mental capacity then there are no time limits on making a claim unless they regain capacity.