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NSW has declared Pit Bull XL Bred Dog Dangerous. What Compensation You Can Claim?

The New South Wales (NSW) government has declared pit bull XL bred dogs as dangerous under the Companion Animals Act 1998 (NSW).

This means that owners of pit bull XL bred dogs must now comply with additional control measures, such as muzzling their dog in public and keeping them on a leash at all times.

Consideration is being given to banning this breed as its is responsible for a significant amount of dog attacks.

 

The declaration of pit bull XL bred dogs as dangerous was made in response to a number of high-profile dog attacks in NSW. In 2021, a pit bull XL bred dog attacked and killed a four-year-old boy in Sydney. In 2022, a pit bull XL bred dog attacked and seriously injured a woman in Newcastle.

The NSW government has said that the declaration of pit bull XL bred dogs as dangerous is necessary to protect the public from these dogs. However, some animal welfare groups have criticised the declaration, arguing that it is unfair to all pit bull XL bred dogs, regardless of their individual temperament.

What does it mean if your pit bull XL bred dog is declared dangerous?

If your pit bull XL bred dog is declared dangerous, you must comply with the following control measures:

  • Your dog must wear a securely fitted muzzle when outside its enclosure (at home or in a public place).
  • When outside the enclosure, your dog must wear a distinctive red and yellow striped collar and be walked on a secure chain or lead.
  • Your dog can never be walked off its leash, even in a designated off-leash park.
  • You must keep your dog in a secure enclosure when it is at home. The enclosure must be strong enough to prevent your dog from escaping and must have a warning sign displayed on it.
  • You must not leave your dog unattended in a public place.
  • You must not allow your dog to interact with other dogs or animals in a public place.

What compensation can you claim in NSW if you are attacked by a pit bull XL bred dog?

If you are attacked by a pit bull XL bred dog, you may be able to claim compensation from the dog’s owner. The type of compensation you can claim will depend on the nature of your injuries.

If you have suffered minor injuries, you may be able to claim compensation for your medical expenses and lost wages. If you have suffered serious injuries, such as permanent injury, you may be able to claim additional compensation for pain and suffering and your future medical needs.

The owner of a dog is strictly liable to pay damages if its attacks a person under the Companion Animals Act 1998 (NSW). So, make sure you have insurance to cover any liability caused by your dog.

It is also possible to claim against the dog’s owner based on negligence. This means that you must prove that the dog owner did not take reasonable steps to prevent the attack. For example, if the dog owner knew that their dog was aggressive but did not muzzle it in public, they may be considered negligent.

If you are successful in your compensation claim, the dog’s owner will be ordered to pay you damages. Damages can be used to cover your medical expenses, lost wages, pain and suffering, and future needs. The owner should have home and contents or building insurance as the public liability component of such insurance covers any the owner of the dog for any damages payable due to a dog attack.

How to make a compensation claim for a dog attack in NSW

If you have been attacked by a pit bull XL bred dog in NSW, you should contact a compensation lawyer to discuss your options. A compensation lawyer can help you to assess your claim and to gather the evidence you need to prove your case.

To make a compensation claim, you will need to provide your lawyer with the following information:

  • Your contact details
  • The date and time of the attack
  • The location of the attack
  • A description of the attack
  • A description of your injuries
  • Any medical records or other evidence to support your claim
  • The name of the owner of the dog

You should report the attack to the local council to investigate.

You will need to try and find out if the owner has public liability insurance to cover any claim you make. Without insurance you can still make a claim but obtaining the money for an individual can be very difficult if they don’t have any assets that can be easily sold.

Your lawyer will then investigate your claim and gather evidence to support your case. Once your lawyer has gathered enough evidence, they will file a claim with the court or try to negotiate a settlement with the insurance company of the owner.

Conclusion

If you have been attacked by a pit bull XL bred dog in NSW, you may be able to claim compensation from the dog’s owner. The type of compensation you can claim will depend on the nature of your injuries. Dog owners are strictly liable for injuries caused by their dog to other people under the Companion Animals Act 1998 NSW. If you are successful in your compensation claim, the dog’s owner will be ordered to pay you damages.

If you are considering making a compensation claim for a dog attack, you should contact a compensation lawyer to discuss your options. A compensation lawyer can help you to assess your claim and to gather the evidence you need to prove your case.

 

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...
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
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
READ ALL TESTIMONIALS

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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
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
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.
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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