The Dangerous Dogs Act (DDA) makes it illegal for a dog to be “out of control” or to attack someone. The legislation also makes it an offence if a person is worried or afraid (the term used in the Act is if someone has “reasonable apprehension”) that a dog may bite them. The Act specifically bans certain breeds of dogs:
- Pit bull terrier
- Japanese tosa
- Dogo argentino
- Fila brasileiro
The Dangerous Dogs Act has been heavily criticised in the past for being unclear and for having been rushed through Parliament after a spate of high profile dog attack cases were reported in the media. One of the criticisms is that it is too narrow: if a dog isn’t on the list of banned breeds then arguably it is not a “dangerous dog”. However, clearly just because a dog isn’t on the list it doesn’t make that dog any less dangerous than the types, but under the terms of the Act the police are often unable to prosecute owners.
According to statistics from vets, the most common breed of dog in the UK that is likely to be aggressive is the German Shepherd, followed by the Rottweiler and Staffordshire Bull Terrier, all of which are very common breeds which are not mentioned in the Dangerous Dogs Act.
The Government’s Inquiry into The Dangerous Dogs Act
MPs have recently investigated the effectiveness of the DDA amid figures that suggest there has been an increase in dog attacks. Hospital admissions for such attacks rose by 76% in a decade, according to the Environment, Food and Rural Affairs Committee. Figures from the RSPCA show that of the 30 people killed by dogs between 1991 and 2016, 21 had been attacked by dogs that were not banned. The Charity has since updated this figure to 37 of which 28 involved non-banned breeds.
A Select Committee inquiry looked at whether the Government should be taking a more individualised approach to judging the threat posed by dogs or whether the blanket ban remains the most appropriate means of regulation. In fact the inquiry found insufficient evidence to substantiate the claim that the breed ban is essential is to public safety and while the committee agreed that it would be irresponsible to amend the breed ban immediately without adequate safeguards, some action does need to be taken to change the law. The report recommends that the Government carries out a review of the laws and policies on dangerous dogs and considers preventing attacks through education and sanctions.
The chairman of the committee, Neil Parrish, stated, “the Government’s current strategy for tackling dangerous dogs is well-intentioned but misguided. Existing law and the breed ban have not stemmed the tide of injuries and deaths from dog attacks.” The Government now has two months to respond to the committee’s report.
What to do if you have been bitten by a dog
Any dog attack, even a dog-on-dog attack, should always be reported to the police. Efforts should be made to obtain the name and personal details of the dog owner in question. It is also very important to secure details of any witnesses to the attack. Copies of the police report and witness statements will be invaluable if legal action is taken.
If you have been injured as a result of a dog attack you should seek medical attention as soon as possible. Even if the wounds or bites do not appear to be severe, it may be necessary for you to have a tetanus injection and/or antibiotics.
Attempting to claim compensation for a dog attack can be complicated and difficult to prove. The claim often involves medical bills, loss of pay and sometimes there will be permanent disfigurement. It is essential that cases such as these are handled by competent and experienced lawyers who will ascertain whether the dog owner in question has either pet or household insurance or some other means to pay any compensation awarded as well as assessing the extent of the dog owner’s liability, if any, and the likely value of the claim.
For further information please don’t hesitate to give us a call on 0114 218 4000, or email us at info@tayloremmet.co.uk.
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