This article outlines the implications for dog owners, the reasons behind the decision, and the compensation rights of individuals attacked by such breeds. Read on to understand the legal and safety ramifications.
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.
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.
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