Aggressive Dogs...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was recently bitten by an aggressive dog whilst out walking in a local park. Can I claim compensation for my injuries?

Answer:   You may be able to pursue a claim for compensation against the owner of the dog that attacked you.  For that reason, it will be important for you to have obtained the name and address of the dog’s owner (or at least to have some way of finding this out).

For a compensation claim to succeed in such circumstances it is usually necessary to show a pattern of previous aggressive behaviour of the dog.  A successful claim for compensation can be made under the Animals Act 1971 if it can be shown that the dog had abnormal characteristics and that those characteristics were known to the dog’s keeper.  It must also be shown that such characteristics led to the injury occurring.  It is not necessary to show that the dog had in fact previously bitten someone, nor that the owner could have foreseen that the dog would attack you.

In certain circumstances a claim can also be brought under the law of negligence.  Mostclaims arising from dog bites are however brought under the Animals Act.

If the dog is of a certain type, it may not be necessary to prove that he or she has been aggressive in the past in order to succeed with a claim for compensation.  Under theDangerous Dogs Act 1991, certain types of dog are regarded as dangerous.  For example, pit bull terriers are subject to special rules including that they must be kept on a lead when in a public place.

Generally speaking if the dog is not of a dangerous type and has been previously well behaved, then it will be difficult to succeed with a claim for compensation.

Finally, most people have household insurance which covers them for public liabilityclaims.  The likelihood is therefore that the dog owner will be insured in respect of yourcompensation claim.  This is something that can be established early on when pursuing a claim.

If you have a question for our legal advice team you can submit it by email:enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.