Dog bite injury compensation claims
This article looks at everything you need to know about making a successful dog bite injury compensation claim.
According to NHS Hospital Episode Statistics for 2015-16, 7,653 people were admitted to hospital after being bitten or attacked by a dog. This figure represents a 76% growth in the number of dog bite injuries seen by doctors over a 10-year period.
Typical injuries include finger amputations and lacerations to limbs and face, resulting in permanent scarring or nerve damage. There may be a risk of contracting tetanus or other infections through deep puncture wounds. As well as physical injuries, many people attacked by dogs also sustain psychological trauma.
The Dangerous Dogs Act 1991 (DDA) introduced a ban on ownership of certain breeds that were regarded as more dangerous than others (including Pit Bull Terriers and Japanese Tosas). However, the Act also recognised that any breed of dog (however usually placid and friendly) might attack humans.
Section 3 of the DDA 'Keeping dogs under proper control' makes it an offence for any dog to be dangerously out of control, anywhere, including its own home.
I have a strong claim - why won't a solicitor take it on?
A person who has sustained injuries from a dog attack may be eligible to bring a claim against the dog's owner or its guardian at the time of the incident.
Any dog attack should be reported to the police as soon as possible to provide an official record. The police may be aware of previous incidents with the same dog, which may help to bring a prosecution and a claim.
For the claim to be successful the claimant must be able to demonstrate that the dog's owner (or guardian, such as a dog walker) did not have control of the dog, or knew or should have known, that the dog could be aggressive and might attack.
Many owners will deny that their dog has shown any previous aggression and may try to shift the blame, perhaps asserting that something in the claimant's own behaviour was a factor in the attack, such as waving his arms around and shouting.
More than a third of all dog attacks are sustained by postal workers and delivery drivers in the course of their employment, with the Royal Mail reporting 2,600 attacks on its staff in the last year. Dog attacks on postal workers increase by around 10% during the summer months when dogs are loose in gardens.
As dogs are territorial animals, even the best behaved may become aggressive if they feel they or their family are threatened by someone entering their property. However, this is no defence for an owner whose dog attacks someone on that property. Since May 2014, when the DDA was amended to extend the legislation, it has been an offence for a dog to be out of control on private property as well as in a public place. This includes front and back gardens and yards.
All home owners have a duty of care to those who are lawfully visiting their property and are therefore liable for any injury to postal workers, delivery drivers or any other visitors, caused by their dog attacks. A successful claim will involve demonstrating the owner was negligent in that duty of care.
Anyone sustaining an injury through a dog attack has a right to claim for compensation for his injuries, but if a dog is running loose, it may be impossible to establish who is responsible for keeping the dog under control. Where there is no one to bring a claim against, it may be possible to make a claim from the Criminal Injuries Compensation Authority (CICA).
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim dog bite injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Meet the QLS team
Quittance's national panel of solicitors take on all types of personal injury claims and have a wealth of experience in fast track, complex and serious injury claims. Our lawyers are selected for their track record in recovering compensation and their professionalism.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.
About the author
Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).
Read more about this Quittance Legal Expert