Can you sue someone if their dog bites you?

A dog attack is a distressing incident that can leave you with lifelong physical injuries and psychological trauma. The effects of these serious injuries on your life are reflected in the penalties for the owners of dangerous dogs and the damages awarded in dog bite compensation claims. It can take a long time to fully recover from dog bite injuries, and your life may never be the same. A dog bite compensation claim is designed to account for pain, suffering and loss of amenity caused by the incident, as well as any financial losses related to your injuries and your recovery.

Making a dog bite claim can make your recovery easier, but you may be wondering how to claim compensation, or under what circumstances it's possible. Here, the expert personal injury solicitors at Switalskis outline the legal options when you're bitten by a dog, and the situations in which dog bite claims are possible.

When can you bring a claim against a dog's owner if the dog attacks you?

In England and Wales, the main pieces of legislation governing dog attacks are the Dangerous Dogs Act 1991 and the Animals Act 1971. Under the Animals Act 1971, a dog owner can be held liable if their dog causes injury, regardless of whether the dog has shown previous aggression. As such, the most important element of a compensation claim is that you’ve experienced a physical or psychological injury as a result of the attack.

You may need to demonstrate that the dog owner was behaving in a negligent way, such as by failing to control the dog or by allowing it to be in a situation where it could attack. For example, if the dog was off its lead in a public space, and this led to the attack, the owner may be found negligent and this may entitle you to compensation. On the other hand, if there is evidence that you caused the dog to bite you by baiting it, you may be unable to claim compensation.

It may be easier to make a dog bite injury claim if the dog belonged to a breed considered dangerous or if the dog has previously exhibited aggressive behaviour. The Dangerous Dogs Act 1991 identifies several breeds of dog that are banned in public and private spaces in the UK, and makes owners responsible for ensuring that their dog does not pose a threat to the public.

If you are bitten by a dog, make sure to gather as much evidence as possible in the aftermath. This will help an experienced solicitor to advise you on whether or not you'll be able to make a dog bite claim. Take photographs of the dog and its owner if you can, along with any injuries you've sustained. Report the attack to the police and seek medical attention at the earliest opportunity. This will all act as evidence that can support a claim.

In some cases, attacks happen quickly and the responsible party may flee the scene. Even if you do not know who was responsible for the dog attack, claiming dog bite compensation may still be possible through the Criminal Injuries Compensation Authority (CICA). The process for making a CICA claim is different from a civil claim against the person whose dog bit you, but an experienced solicitor can help you in either case.

What is the dog bite claims process?

As we've noted above, if you believe you may be entitled to claim compensation for a dog bite, you should report the attack to the police as soon as possible and seek immediate medical attention. This can help to gauge how serious your injuries are, which will affect how much compensation you can receive. It will also create evidence through medical records and police reports that will support your case. Save any medical bills and receipts for other related expenses, as these will also form part of the evidence for your compensation claim.

Once you have gathered any evidence of this nature, call the team at Switalskis to learn whether or not you're entitled to make a claim. An expert personal injury solicitor from our team can discuss your circumstances, offer free legal advice and start the claims process on your behalf. We'll draft a letter of claim and send it to the person we believe was responsible for the dog that attacked you, or the owner's pet insurance provider where relevant. Some owners also have public liability insurance that can enable you to claim.

When dealing with an insurance provider, a personal injury claim is often settled out of court. The insurance company may accept liability based on the evidence we provide, and we'll begin to negotiate over the amount of compensation you should receive. Receipts for any medical expenses, transportation to and from medical appointments, medical devices or adaptations to your home that are needed due to the dog attack will all inform the amount of compensation we aim to secure. If dog owners or their insurance providers deny liability, we'll take your claim to court.

Your solicitor will represent you and present your case for compensation to the court. We'll fight to secure the maximum amount of compensation for a dog bite injury in each case, to put you in the same financial position you would have been in if the attack had never occurred.

How much compensation can you claim for a dog bite?

The amount of compensation you could claim for a dog attack depends on several factors, including the nature and extent of your injuries, and any financial losses you experienced. A dog bite can result in injuries ranging from cuts and bruises to puncture wounds, fractures, amputations and facial injuries. It can also lead to psychological injuries like post-traumatic stress disorder that can make everyday life more difficult. For each type of injury, the Judicial College has established recommendations for minimum and maximum compensation amounts that govern how much compensation you will receive. More severe injuries will result in more compensation. This part of the compensation total is called 'general damages'.

If you need more medical treatment as a result of more serious injuries, and this leads to additional expenses, this will be covered under 'special damages', which compensate you for any financial losses associated with your injury. Lost earnings during your recovery (including future lost earnings if you're left unable to work by a dog bite) and the costs of any private medical treatment will be taken into account as part of this payment. If you require adaptations to your home or vehicle, or devices to support your daily life following dog bite injuries, the costs of these will also be factored in.

To learn more about making a dog bite claim, speak to the team at Switalskis today. Call us on 0800 138 0458 or get in touch through the website .