Dog Bite Compensation
If you have been bitten or attacked by a dog and have suffered injury, you may be eligible to make a claim for compensation against the owner of the dog.
The owner of the animal is strictly responsible for any damage the dog has caused in accordance with the Companion Animal Act NSW 1998.
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Dog Attack Compensation Claims in NSW
A dog attack can leave you with painful injuries, medical bills and time away from work. In NSW, you can bring a claim directly against the dog’s owner, and in many cases their home and contents insurance will respond under the policy’s public liability cover.
Who Pays My Compensation After a Dog Bite?
If the owner has public liability insurance, their insurer will usually handle the claim and pay any compensation owed. If the owner is uninsured, they remain personally responsible for your damages.
Are There Any Defences Available to the Dog Owner?
Under the Companion Animals Act 1998 (NSW), liability for a dog attack is close to strict. The owner can only avoid responsibility if:
- the injured person was trespassing or committing another offence, or
- the attack was entirely caused by the person provoking the dog.
Outside these narrow exceptions, the owner is liable for the injuries caused.
What Can I Claim After a Dog Bite?
Depending on the severity of your injuries, you may be able to recover compensation for:
- pain and suffering
- medical treatment and rehabilitation
- damage to clothing or personal items
- past and future loss of income
- care and assistance you need because of the injury
Dog attack claims can be complex, and the outcome often depends on the specific circumstances. Getting advice from an accredited specialist in personal injury law is the best way to understand your options.
What If the Owner Is Uninsured or Can’t Be Found?
Section 25 of the Companion Animals Act makes the owner liable for injuries caused by their dog, including damage to clothing. This applies whether or not the owner expected the dog to attack.
- If the owner is uninsured, you can still pursue a claim — they are personally liable.
- If the owner cannot be identified, a claim cannot proceed because there is no defendant.
- In limited situations, a local council may be responsible if they failed to declare a dog as dangerous despite knowing it posed a risk.
How Much Compensation Can I Receive?
The amount depends on the seriousness of your injuries. Generally, the more significant the harm, the higher the compensation. Typical entitlements include:
- loss of income (past and future)
- medical and treatment expenses
- a lump sum for pain and suffering
How Long Does a Dog Bite Claim Take?
There is no fixed timeframe, but most claims resolve within 1 to 2 years. The duration depends on:
- how severe your injuries are
- how long it takes for your injuries to stabilise
- cooperation from the other party
- the complexity of the circumstances
Time Limits for Dog Bite Claims
You must start court proceedings within 3 years from the date of discoverability, which is usually the date of the attack. Discoverability refers to when you knew:
- you were injured
- the injury was caused by someone else’s fault
- the injury was serious enough to justify a claim
To protect your rights, it’s best to seek legal advice as soon as possible.
How Much Will It Cost to Make a Dog Bite Claim With Garling & Co?
Garling & Co operates under a No Win No Fee guarantee. If your claim is successful:
- around 70% of your legal costs are paid by the defendant
- the remaining portion is deducted from your compensation
If your claim is not successful, you do not pay our legal fees.
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Assault & Sexual Assault
If you are assaulted or sexually assaulted, you may be eligible to make a claim with our assault lawyers for any injury sustained either physical or psychological.
Occupiers Liability
If you are injured whilst on someone else’s property, this is sometimes known as an occupier’s liability claim. Examples of such claims are slips, trips and falls in supermarkets or shopping centres, injuries sustained on leased premises, injuries in car parks, injuries in hotels or clubs, injuries on building sites or injuries on any premises that are owned or leased by someone else.
Civil Liability
Garling and Co can help you with your civil liability claim. We’ve put together a fact sheet below that addresses some of our frequently asked questions but if you have any other concerns about civil liability, please do not hesitate to get in touch with our expert team today.
Duty of Care
The term ‘duty of care’ refers to the legal obligation to take reasonable care not to injure or harm another person. This extends to personal injury or death, damage to property, and economic loss.If a person fails to exercise reasonable care they will likely be found negligent and therefore liable for the injury or harmed sustained.
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