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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...
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
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Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
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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