The consequences of being bitten by a dog can be horrific. Even beyond the trauma and difficulties caused by injury, it is the kind of attack – most commonly occurring when the victim is cycling or walking, which can have lasting psychological effects.
Dogs can be unpredictable and can be extremely violent. Because of this, dog owners have a responsibility to ensure that their dogs are properly controlled. Failing to properly control a dog can lead to real tragedy.
A person who suffers an unprovoked attack by a dog can therefore make a personal injury claim – and should do for two main reasons.
Firstly, a person can justly expect to be compensated for lack of earnings or medical care that might be needed as a result of an injury they received from a dog attack.
Secondly, the threat of a compensation claim will act as a deterrent to dog owners and help to maintain the standard of responsibility necessary to own dogs.
In 1990 and 1991 there were a number of dog attacks that received media coverage and led to public outrage. As a result of this widespread media coverage, the government introduced the Dangerous Dogs Act.
Owners of Pit Bull Terriers, Japanese Tosa, Dogo Argentino and Fila Braziliero now have to meet strict requirements, including keeping the dog on a lead and muzzled when in a public place, registering it on the Index of Exempted Breeds and getting it micro chipped, tattooed and insured.
Under the legislation, any injury caused by these breeds leads to compensation being payable even if the dog has shown no signs of aggression before that particular attack.
The use of guard dogs is also strictly regulated. It is illegal for a guard dog to be present unless a handler capable of controlling the dog is also present. It is also illegal to use a guard dog unless it is signed in the area that a dog is patrolling. If a business fails to follow these laws and the dog attacks, they can expect a compensation claim to be made.
There are other, less common, situations when someone may receive an injury as a result of a poorly controlled dog – for example a car accident caused by a stray animal running onto the road.
Again, such an accident can lead to injuries that make some form of financial remuneration more than justified.
Still many people balk at the prospect of making a claim. Navigating the claims process can be daunting, but it is important to remember that the compensation claims system is in place for a reason – and the principal of access to justice is important.
The first step to making a claim is speaking to a trained person who can advise as to whether your claim is worth pursuing. This can be done easily. With a professional claims company, call centre staff can tell you whether they think you should speak to a solicitor. They can then put you in touch with one in your area to progress your claim.
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