Dog Bite Injury Claim Guide: What To Do When A Dog Attacks

What Should I do when a Dog Attacks?

Firstly, you seek urgent medical attention to ensure that you receive proper care for any injury sustained and be sure to give a proper history to the Doctors of how the incident occurred. After receiving medical attention, you should report the dog attack to both the Police and to your local council. Under the Companion Animals Act 1998 (NSW), your local council has the power to declare the dog as ‘dangerous’ or ‘menacing’ which will subject it to certain restrictions, ensuring the safety of yourself, your family and your neighbourhood.

Ensure that you keep hold of any documents, for instance a case report from the police or medical documents you acquire after receiving treatment, as it will assist your case for a compensation claim. Your local Council will investigate the attack and make findings as to what occurred and recommendations as to the future of the dog. The information gathered in this process can be crucial to making a claim for compensation

A part of this process it is important to obtain the name and details of the owner of the dog, including if the owner has any public liability insurance, this nasally is part of a home and contents insurance policy. If the owner has insurance this makes a claim more likely to succeed. After receiving medical treatment, and reporting the attack to your local council, you should contact us to discuss how to make a claim for compensation and the type of compensation payable.

What are the Potential Consequences of Your Dog Attacking Someone?

If your dog injures someone, you may face:

• Legal action: The injured person can sue you for damages, including medical expenses, loss of income, and pain and suffering.
• Council penalties: Your local council may impose fines or other penalties.
• Dog destruction order: In severe cases, the court may order your dog to be destroyed.

Important Considerations:

• Children: Extra care must be taken around children. Children are particularly vulnerable to dog attacks, and you must take all necessary precautions to protect them.
• Public places: Be mindful of your dog’s behaviour in public places. Even the most friendly dog can react unpredictably in certain situations.
• Insurance: Consider investing in public liability insurance to protect yourself financially.

How Do I Report a Dog Attack?

If someone has sustained injury in a dog attack you should report this to the Police and your local council. The council is responsible for dangerous dogs. You should also seek medical treatment and make sure the circumstances of the attack are recorded in clinical notes of the hospital or GP. The Council will likely investigate the circumstances of the attack which will help proving liability against the owner of the dog which caused the injury.

What Are Your Rights and Responsibilities When it Comes to Dogs?

In NSW, dog owners have a strict liability for any damage caused by their dog. This means you are responsible for any injuries or property damage caused by your dog, regardless of whether you were negligent or not. There is one notable exception to this strict liability:

• Provocation: If someone intentionally provokes your dog and it attacks in direct response, you may not be liable.However, proving this can be difficult.

Your Responsibilities as a Dog Owner

• Control of your dog: You must take all reasonable steps to control your dog in public and private places. This includes keeping your dog on a leash in public areas and ensuring your property is securely fenced.
• Registration: All dogs over three months old must be registered with your local council.
• Microchipping: Your dog must be microchipped and the details kept up-to-date.
• Compulsory liability insurance: While not mandatory, it is strongly recommended to have public liability insurance to cover potential costs if your dog injures someone.

Do I Need a Lawyer for a Dog Bite Claim?

The simple answer is Yes. If you wish to make a claim for a Dog Bite, you will need a Lawyer to assist you in obtaining the most compensation possible from your claim. The best lawyer is one who is experienced in these types of claims and who is an Accredited Specialist in Personal Injury Law. Lawyers know how much you claim may be worth and will take all the hassle out of obtaining for you the best compensation available.

What Kind of Lawyer do I Need for a Dog Bite?

A Dog Bite Compensation Claim is a Public Liability Claim. For a Dog Bite, you will need a lawyer that specialises in Personal Injury. The Best Lawyers will be Accredited Specialists in their specific field. All Lawyers at Garling and Co are Accredited Specialists in Personal Injury.