In the light of the tragic case of schoolboy Jack Lis who was killed as a result of a dog attack earlier this month, we review the law with regard to claiming compensation for injuries caused by such attacks.
The UK is a dog-loving nation with an estimated 9 million dogs in the country. This is according to research carried out by the RSPCA in 2018. Since lockdown there has been a significant increase in dog ownership so that figure is likely to be considerably higher now.
From pets to working dogs there are lots of tame, playful well-behaved dogs out there but all it takes is one negative experience with an ill-trained or out of control dog to make a lasting impact on someone’s life.
There are an estimated 6,743 hospital admissions for “dog bites and strikes” per year in England. (Strikes is a term meaning injury caused by a dog but not from a bite). However, many dog bites and strikes do not require hospital treatment so the actual number of injuries caused by dog attacks is likely to be much higher.
It is therefore no surprise that dog attack compensation claims are on the increase. In this blog we will focus on who is liable for a dog attack and whether you can claim compensation.
What to do if you have been bitten/attacked by a dog:
- The first thing to do if a dog attacks/bites you is to seek medical attention. You may need an injection or emergency treatment to prevent infection, even if the wounds/bites do not appear severe. Your medical records will then be used as supporting evidence in your claim.
- Where possible, you should try and get details of the dog’s owner, such as their name, address and contact number. If possible, try to ascertain whether they have pet or home insurance.
- Any dog attack should be reported to the police. If a dog has attacked one person it is more than likely to do so again. Having details of the attack will help the police to identify the owner and prevent further attacks. You should give any crime reference number to your solicitor.
- It is also important to secure the contact details of any witnesses to the attack. Witness statements will be invaluable if legal action is taken. If there is evidence of the dog causing injuries in the past or previously acting in an aggressive manner, this would also be essential.
Who Is Liable?
Any person or organisation which owns any type of animal that they know is likely to cause bodily harm (or has the potential to do so if kept uncontrolled) is legally responsible in their animal causes someone an injury.
The legal obligations of dog owners in the UK are simple and straightforward. If your dog has an aggressive nature, it should always be well controlled and on a lead. You should also look at using additional restraints such as a muzzle.
Claiming Compensation for a Dog Attack
Whether you have been directly attacked and bitten by a dog or injured as a result of an accident caused by an uncontrolled dog, from a legal point of view there is no difference. You would need to be able to prove the following regarding the incident:
- that it happened in the last 3 years
- that it was somebody else’s fault
- that it caused you injury
Pursuing a claim for compensation for a dog attack can be complicated and difficult to prove. The claim often involves medical bills, loss of pay and often there will be permanent disfigurement, so expert medical evidence will be required. It is essential that cases such as these are handled by competent and experienced lawyers who can ascertain whether the dog owner has either pet or home insurance cover or some other means to pay any compensation awarded. They will also assess the extent of the dog owner’s liability and the likely value of the claim.
At Taylor&Emmet we have years of experience of dog attack claims and will be able to advise you as to whether or not you would be able to claim. If you would like advice about an injury caused by a dog, or indeed any animal, please call us on 0114 218 4000 or email info@tayloremmet.co.uk to arrange a meeting which will be free of charge.
0 Comments