If you or a family member have been the victim of a dog attack or a dog bite you are able to pursue a claim for compensation. RMB Special Counsel MARGARET CURRAN explains:
The owner of a dog is liable in respect of injuries caused by their dog attacking or biting an individual, whether it is on your property, or in a public place such as a footpath, road or park.
Injuries can result in significant physical and psychological effect having a major impact on a person’s activities of daily living and capacity to work
The Companion Animals Act 1998 (NSW) (“the Act”) provides a strict liability on dog owners, and there is no requirement to prove a dog owner was negligent or at fault when the dog attack occurred.
The Act provides that liability for injury will arise if it can be established that a dog caused bodily injury to a person by wounding and attacking that person; and there was damage to the person caused by the dog in the course of the attack.
The effect is that a dog owner will be extremely limited in trying to defend a claim. The only potential defences are if you are unlawfully on their property when the dog attack occurred and/or the dog attacked because of inducement or provocation or because of contributory negligence on your part.
The Act provides that an owner of a dog includes the registered owner, the person who ordinarily keeps control of the dog or an unregistered owner who owns the dog in the sense of it being personal property.
In most cases an owners’ Home and Contents policies will cover dog attacks as they fall within the scope of ‘personal legal liability” coverage found in such policies. An Insurer will indemnify the dog owner for such claims against it and ultimately called on to pay the damages either on settlement or judgment.
Damages are covered by the Civil Liability Act NSW 2002 and are subject to individual thresholds. They cover pain and suffering, expenses for medical treatment, loss of past and future earnings, and domestic and commercial care such as cleaning and nursing if required.
If you are bitten by a dog, we strongly recommend you obtain name and address of the owner, report the incident to police and obtain an event number, see your doctor, photograph your injuries and seek legal advice. Each case will be assessed on its own merit on liability and damages.
If you or a family member have been the victim of a dog attack or a dog bite, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.