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Dog attacks – who is liable to pay compensation?

Updated on September 06, 2023 | Published on March 10, 2016

By Matthew Garling

Under the law in NSW as the owner of a dog you are personally responsible for any damage the dog may cause.

An owner could be different people, for example if I were to purchase a dog for my partner, I may be the registered owner. However, if I then break up with my partner and the dog lives at a new address and is “ordinarily kept” at the new address my partner would also be considered an owner.

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The law in NSW is governed by the Companion Animals Act NSW 1998.

Who is the owner of a dog?

Section 7 of the Act defines who is an owner of a dog.

Each of the following persons is the owner of a companion animal for the purposes of this Act:

(a) the owner of the animal (in the sense of being the owner of the animal as personal property),
(b) the person by whom the animal is ordinarily kept,
(c) the registered owner of the animal.
(d) A reference to the owner of a companion animal is a reference to each and all owners of the animal.

If I were to give the dog to another, but fail to remove myself as a registered owner I could be liable for any damage the dog causes even though I have given the dog away to someone else.

If you are an owner you need to have insurance in place to cover you for any damage the dog may cause.

Home and Contents Insurance with public liability will ordinarily cover the owner of a dog but you should check the policy wording to see in what circumstances you are covered.

Without insurance you are personally responsible to pay for any damage a dog causes if you are found to be the owner.

A person who is injured can sue any one of the owners if there are more than one.

When are you liable for your dog’s actions?

Liability is defined in Section 25 of the Act.

The owner of the dog is liable for any damage the dog may cause by;

(a) bodily injury to a person caused by the dog wounding or attacking that person, and
(b) damage to the personal property of a person (including clothing) caused by the dog in the course of attacking that person.

It is strict liability. This means that if your dog attacks someone you are responsible.

There are two defences that can be raised as to why you should not be responsible for your dog’s attack;

(a) an attack by a dog occurring on any property or vehicle of which the owner of the dog is an occupier or on which the dog is ordinarily kept, but only if the person attacked was not lawfully on the property or vehicle and the dog was not a dangerous dog, menacing dog or restricted dog at the time of the attack, or

(b) an attack by a dog that is in immediate response to, and is wholly induced by, intentional provocation of the dog by a person other than the owner of the dog or the owner’s employees or agents.

The two defences are basically if someone comes onto your property uninvited and the dog attacks, or the dog attacks because it was provoked by another person. In either situation the owner will not be held liable unless the dog is classed as a dangerous dog.

The defence does not apply to another dog provoking your dog to attack, only another person.

Often dog attacks occur when two dogs get in a fight and one of the owners intervenes. If that person is attacked by the other dog then the owner of the dog that attacks will be liable for any damage caused.

Other penalties?

If your dog has attacked someone else the Council may seize and destroy the dog and you may be prevented from ever being able to own another dog.

Conclusion

Garling & Co Lawyers are the dog bite compensation claim experts, if you have sustained an injury as a result of a dog attack contact us today.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Shaylee C.
09:54 27 Mar 24
I recently had the pleasure of working with Garling and Co on my case, and I must say that their service was truly outstanding. From the initial consultation to the resolution of my case, they... displayed unwavering dedication and professionalism.The outcome of my case exceeded my expectations, and I am incredibly grateful for the hard work and diligence exhibited by Garling and Co. I have no hesitation in recommending this law firm to my family and friends, knowing that they will receive the same level of exceptional service.- Traceyread more
Simona M.
05:11 26 Mar 24
Emma and Rebecca have looked after my husband's workers compensation claim over the last 3 years now. We have had positive outcomes from these claims and are now pursuing a work injury damages claim.... They have been amazing to deal with. They are genuine and empathetic over what has been a very stressful time for myself and my family over these last 3 years. Nothing is ever too much for Emma and Rebecca and they are always available to communicate with. We would highly recommend Garling and Co! Thank you Emma and Rebecca.read more
Donelle L.
01:16 26 Mar 24
So very happy with the service Garling has provided the care and help has eased a lot of worry I had when going through this process . Many thanks to the entire team
S R.
06:56 04 Mar 24
Thank you Garling and Co,For all your help and support, with myself and family going through a very tough process, physically and mentally. The compassion and comfort I've felt, with Garling and Co... representing me, has felt like family.I would highly recommend them, to anyone who is dealing with a Workers Comp issue. They have made a very tough road and process, a very reassuring and secure one, with great communication skills and negotiating to the highest level.Thank you to all the Garling and Co team, I'll be forever grateful, for all your assistance throughout this process.Kind regards, Scottread more
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
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Shaylee C.
09:54 27 Mar 24
I recently had the pleasure of working with Garling and Co on my case, and I must say that their service was truly outstanding. From the initial consultation to the resolution of my case, they... displayed unwavering dedication and professionalism.The outcome of my case exceeded my expectations, and I am incredibly grateful for the hard work and diligence exhibited by Garling and Co. I have no hesitation in recommending this law firm to my family and friends, knowing that they will receive the same level of exceptional service.- Traceyread more
Simona M.
05:11 26 Mar 24
Emma and Rebecca have looked after my husband's workers compensation claim over the last 3 years now. We have had positive outcomes from these claims and are now pursuing a work injury damages claim.... They have been amazing to deal with. They are genuine and empathetic over what has been a very stressful time for myself and my family over these last 3 years. Nothing is ever too much for Emma and Rebecca and they are always available to communicate with. We would highly recommend Garling and Co! Thank you Emma and Rebecca.read more
Donelle L.
01:16 26 Mar 24
So very happy with the service Garling has provided the care and help has eased a lot of worry I had when going through this process . Many thanks to the entire team
S R.
06:56 04 Mar 24
Thank you Garling and Co,For all your help and support, with myself and family going through a very tough process, physically and mentally. The compassion and comfort I've felt, with Garling and Co... representing me, has felt like family.I would highly recommend them, to anyone who is dealing with a Workers Comp issue. They have made a very tough road and process, a very reassuring and secure one, with great communication skills and negotiating to the highest level.Thank you to all the Garling and Co team, I'll be forever grateful, for all your assistance throughout this process.Kind regards, Scottread more
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
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University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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