Dog ownership in the UK is on the rise, with over 12 million dogs sharing homes across the country. While dogs are often cherished members of the family, dog bites can and do happen. Whether it’s a minor nip or a serious attack, dog bites can result in physical injuries, emotional trauma, and even financial losses due to medical bills or time off work. Fortunately, UK law provides clear rights for dog bite victims, and it is possible to claim compensation if you’ve been injured by someone else’s dog. In this guide, we’ll walk you through everything you need to know about dog bite injury claims in simple, straightforward terms.
What Are Dog Bite Injury Claims?
Dog bite injury claims allow victims of dog bites to seek financial compensation for their injuries. The claim is made against the dog owner or the person responsible for the dog at the time of the attack. The law recognises that dog owners have a duty to ensure their dogs do not cause harm to others, and if they fail to control their dog and it results in injury, the victim can make a legal claim.
In the UK, most dog bite claims are covered under the Animals Act 1971, which places responsibility on dog owners for the actions of their pets. Other laws, such as the Dangerous Dogs Act 1991, also play a role in regulating dangerous breeds and preventing attacks.
When Can You Make a Dog Bite Claim?
You may be eligible to make a dog bite claim if:
- You were bitten by a dog in the last three years.
- You suffered an injury as a result of the bite.
- The injury was caused by someone else’s dog, whether the owner was a private individual, a business, or an organisation.
Even if you were on private property or the dog belonged to a friend, you may still be able to claim. Dog owners have a responsibility to ensure their pets are under control, whether they are in public spaces or in their own homes.
The Importance of Responsibility: The Animals Act 1971
The Animals Act 1971 is the primary law governing dog bite claims in the UK. It states that owners are liable for injuries caused by their dogs if the dog has specific characteristics that made it likely to cause harm, especially if the owner was aware of these characteristics. This applies whether or not the dog had previously bitten someone.
For example, large breeds like German Shepherds, Rottweilers, or Bullmastiffs can cause severe injuries if they attack. Even if a dog has never shown signs of aggression before, the law may hold the owner liable if it can be shown that the injury was foreseeable (e.g., the dog is large and powerful, and therefore likely to cause harm if not properly restrained).
What About Dangerous Breeds?
Under the Dangerous Dogs Act 1991, some dog breeds are banned in the UK. These breeds include:
- Pit Bull Terriers
- Japanese Tosas
- Dogo Argentinos
- Fila Brasileiros
If you are bitten by one of these breeds, the owner may face both criminal and civil liability. This means they could be prosecuted for owning a dangerous dog, and you can still make a civil claim for compensation.
Even if the dog breed isn’t on the banned list, the law can still hold the owner responsible if the dog was “dangerously out of control” at the time of the attack. This means that if the dog was aggressive or threatening, even without biting, the owner could be liable for any resulting injuries.
How to Make a Dog Bite Injury Claim
If you’ve been bitten by a dog, there are a few important steps to take to protect your legal rights and improve your chances of making a successful claim:
Seek Medical Attention
Your health is the priority. Even if the bite seems minor, it’s important to seek medical advice. Dog bites can lead to infections, and in rare cases, rabies or tetanus. Medical records will also serve as valuable evidence when making your claim.
Identify the Dog Owner
Try to get the contact details of the dog owner or handler at the time of the bite. If the owner cannot be identified, you may still be able to make a claim through the Criminal Injuries Compensation Authority (CICA).
Collect Evidence
Take photos of your injuries and, if possible, the dog. Note down details of the incident, such as the date, time, and location of the attack. If there were witnesses, get their contact information, as their statements can support your claim.
Report the Incident
Contact the police, especially if the dog was dangerously out of control or the owner refuses to take responsibility. This creates an official record of the incident, which may be useful during your claim.
Contact a Solicitor
It’s essential to speak with a personal injury solicitor experienced in dog bite claims. Most solicitors will work on a no win, no fee basis, meaning you won’t have to pay unless you win your case.
Types of Compensation You Can Claim
In a dog bite injury claim, compensation is usually divided into two main categories: general damages and special damages.
- General Damages: This covers the physical and psychological harm caused by the dog bite. It includes compensation for pain and suffering, scarring, disfigurement, and any emotional trauma you’ve experienced as a result of the attack.
- Special Damages: This covers any financial losses you’ve suffered because of the injury. It includes things like medical expenses, lost wages if you had to take time off work, and even the cost of counselling if the attack caused significant emotional distress.
The amount of compensation you can receive will depend on the severity of your injuries and the impact they’ve had on your life. For example, minor injuries like scratches or small puncture wounds might result in a smaller compensation amount, whereas serious injuries like nerve damage, broken bones, or permanent scarring could lead to a larger payout.
Dog Bites in the Workplace
In some cases, dog bites occur in the workplace. For example, delivery drivers, postal workers, or tradespeople may encounter dogs while doing their jobs. If you are bitten by a dog while at work, you can make a claim against the dog owner, but you may also have a claim against your employer if they failed to protect you from foreseeable risks.
Employers are required by law to provide a safe working environment for their staff. If you’ve been injured by a dog while carrying out your duties, your employer’s liability insurance may cover your compensation claim.
Dog Bites to Children
Children are especially vulnerable to dog bites, and their injuries can often be more severe. If your child has been bitten by a dog, you can make a claim on their behalf as their litigation friend. You have until your child turns 18 to file a claim, or they can make the claim themselves up until their 21st birthday.
It’s important to act quickly after a dog bite, as gathering evidence and witness statements is easier soon after the incident. Compensation for children can cover physical injuries, emotional trauma, and any long-term effects the bite may have on their development.
Time Limits for Dog Bite Claims
In most cases, you have three years from the date of the dog bite to make a claim. If the bite victim is a child, this time limit extends until their 21st birthday. However, it’s best to begin your claim as soon as possible, as this allows your solicitor to gather the necessary evidence while it’s still fresh.
What If the Dog Owner Doesn’t Have Insurance?
If the dog owner doesn’t have pet insurance or is untraceable, you may still be able to claim compensation through the Criminal Injuries Compensation Authority (CICA). This government body provides compensation to victims of violent crimes, including dog attacks, if the owner cannot be identified or held accountable.
Can You Sue the Police for a Dog Bite?
In rare cases, people may be bitten by police dogs during an arrest or search. While the police have the right to use reasonable force in their duties, this does not give them carte blanche to allow their dogs to bite indiscriminately. If you’ve been bitten by a police dog in circumstances where excessive force was used, or the bite was unwarranted, you may be able to make a claim against the police.
Conclusion: Protecting Your Rights
Dog bites can cause significant physical, emotional, and financial harm, but the law is on your side. If you’ve been injured by a dog, it’s important to understand your rights and take the necessary steps to protect yourself. By following the proper procedures, gathering evidence, and seeking legal advice from a qualified solicitor, you can make a successful dog bite injury claim and receive the compensation you deserve.
Whether the bite was minor or severe, remember that dog owners have a legal duty to control their pets and ensure the safety of others. If they fail to do so, they can be held accountable.