Once Bitten...Twice Shy

In recent years, we have seen and heard more in the news about people being bitten and injured, sometimes fatally, by dogs. But where does the law stand in terms of bringing a claim against the owner for personal injury and loss?

The Animals Act was introduced in 1971 which outlined what the legal requirements were to establish responsibility against the owner/keeper of a dog that had bitten and/or injured a person.

If a dog is defined as being a member of a “dangerous species” then in all likelihood if that dog bites / injures someone, then fault will be found and compensation should then be awarded accordingly.

The majority of dog bite/injury incidents however relate to dogs that aren’t deemed to be dangerous, so what does the law say that you need to prove to establish fault?

The key to succeeding with a claim for personal injury arising out of a dog bite/injury incident is often to prove that the owner/keeper was aware that the dog in question had a propensity to bite, or had a history of some form of aggression and that the owner/keeper should have taken sufficient steps to prevent that dog from causing harm by, for example, using a muzzle and keeping the dog on a tight lead.

So what should you do if you get bitten/injured by a dog?

  • Seek medical attention – even the smallest of bites could become infected.
  • Get the details of the owner/keeper of the dog (name, address, and whether they have insurance – most people should have access to insurance either via a pet plan, home contents or buildings insurance policy which will enable you to make a claim).
  • Contact the police and report the incident.
  • Contact the Council or the local dog warden if the Police haven’t already done this.
  • Get the details of any witnesses who may have seen the accident / may have knowledge of the dog.
  • Record the details of the incident - write down what happened, and take photos of your injuries.
  • Keep records of all expenses that you may have incurred as a result of your injuries for example, loss of earnings, travel expenses and any medication costs.

By gathering all of the above documentation and information in particular about the incident and the dog / its history, when it comes to considering whether you have a valid claim for compensation, you will be in a far better position.

Bringing claims for compensation as a result of these incidents involving dogs are complex and can be difficult to prove. The age old saying “There are no bad dogs, just bad owners” often turns out to be true.

If you or someone you know has been involved in a dog bite incident, or you have suffered injury as a result of any animal, it is always worth seeking legal guidance to see whether you can obtain assistance to pursue your claim.  For more information and advice please contact our Louise Plant at lplant@prettys.co.uk and on 01473 298293.

Expert
Louise Plant
Senior Associate