Being bitten by a dog can be a distressing experience with lasting physical and emotional consequences. If you’ve suffered an injury due to a dog attack, you may be wondering whether you have grounds to claim compensation and how to go about it.
Dog bites can be traumatic, both physically and emotionally. Whether the injury is minor or severe, victims may be entitled to compensation under the law in England and Wales.
Legal Basis for a Dog Bite Claim
Dog bite claims in England and Wales are typically brought under two key pieces of legislation:
- The Animals Act 1971 – This Act allows for civil liability where an animal causes injury. Under Section 2(2), a dog owner may be liable even if the dog has never bitten before, provided the dog had characteristics that made the injury likely in the circumstances and the owner was aware of these.
- The Dangerous Dogs Act 1991 – This criminal statute makes it an offence for a dog to be “dangerously out of control” in public or private places. A dog is considered dangerously out of control if it injures someone or causes fear of injury.
Claims may also be brought under general negligence principles if the owner failed to take reasonable steps to prevent the attack.
What we need to prove
To succeed in a dog bite claim, the following elements typically need to be established:
- Injury: Physical or psychological harm must be proven.
- Ownership or control: The dog must belong to or be under the control of the defendant.
- Liability: The owner failed to control the dog, or the dog had known dangerous tendencies.
- Causation: The injury was directly caused by the dog’s actions.
What evidence do we need?
Evidence is key to building a successful claim. Here’s what we typically gather:
- Medical records: To document the extent of injuries.
- Photographs: Of the injury, the dog, and the location of the incident.
- Witness statements: From anyone who saw the attack or knows the dog’s behaviour.
- Police or council reports: Especially if the incident was reported or involved a known dangerous dog.
- CCTV footage: If the attack occurred in a public place or in a residential street whereby doorbell cameras covered the incident.
- Social media evidence: Posts or photos showing the dog’s behaviour or previous incidents
Time limits for making a claim
Under the Limitation Act 1980, you generally have three years from the date of the incident to bring a claim. For children, the time limit starts from their 18th birthday.
What can be claimed
Compensation may include:
- General damages: For pain, suffering, and psychological harm.
- Special damages: For financial losses such as:
- Medical expenses
- Loss of earnings
- Travel costs
- Rehabilitation and counselling
The amount of compensation you may be awarded varies substantially, we will not be able to accurately value your case until we have the relevant medical opinions
Do you need to go to court?
Most dog bite claims are settled out of court. Proceedings may be issued if liability is denied, but generally cases rarely go to trial.
How can we help?
Dog bite claims are complex but entirely valid under UK law. If you or someone you know has been injured by a dog, it’s important to seek legal advice promptly. Our team of experienced personal injury solicitors can guide you through the process and help secure the compensation you deserve.
We also offer a Conditional Fee Agreement, better known as “No win, No fee”, should prospects exceed 60%.
Leah Mackay is a Solicitor Apprentice in our Dispute Resolution Team. Leah specialises in a broad range of litigation matters in general and civil litigation cases.
If you believe you have a dog bite claim and wish to seek legal advice, please contact Leah or a member of the team on 01206 835300 or complete our online enquiry form.
Disclaimer: As every case is different the information provided in this blog is for general informational purposes only and does not constitute legal or medical advice. While every effort has been made to ensure the accuracy of the content at the time of writing, it should not be used as a substitute for professional advice or consultation with qualified professionals.
Additionally, if you believe you have been affected by professional negligence, you should consult with a qualified legal professional to discuss your specific situation. The information provided here does not establish a client-professional relationship, and the authors or publishers are not liable for any actions taken based on this information.