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Dog Bite Lawyers

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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A dog attack claim can be made against the owner personally for compensation. Most dog owners would also be covered by insurance in the form of a home and contents insurance policy, which contains public liability cover.

Who will pay my dog bite compensation if I take legal action?

This insurance policy will usually cover the owner of the dog for the damage their dog has caused. If the owner does not have insurance they will be personally liable for the payment of your compensation.

The dog owner has two defences as to why they are not responsible for the damage caused by their dog:

  • If the attack occurred on privately held property and the person attacked was unlawfully on the property or;
  • The attack was wholly induced by the intentional provocation of the dog by the person who was subsequently attacked.

Otherwise, the owner of the dog will be found responsible for the injury caused by the dog.

What can I claim after a dog bite injury?

If you are successful in making a claim against a dog owner, you may be eligible to receive compensation for:

  • Pain and suffering
  • Medical treatment
  • Damage to clothing and property
  • Loss of income both past and future
  • Care and assistance are required due to an injury

As dog attack claims are complex and depend on the facts and circumstances of your case, you should seek legal advice from an accredited specialist in personal injury law prior to commencing a claim.

Can I Make A Claim If The Dog’s Owner Can’t Be Found, Or If They’re Uninsured?

Section 25 of the Companion Animals Act 1998 (NSW) provides that the owner of the dog is liable in damages with respect to bodily injury to a person caused by the dog, this includes damage to clothing.

The owner of the dog is always responsible for the dog in a strict manner, meaning that regardless of whether the owner expected their dog to attack, they are liable anyway. A local council may also be liable if they failed to declare a dog which was known to them to be dangerous.

If the owner is uninsured, you are still able to make a claim. Instead of their insurer paying the compensation, they will be personally liable. If the owner cannot be found, unfortunately, you will not be able to claim compensation because there is no one to file a case against.

How much can I claim for my injuries following a dog bite injury?

As a rule, the more serious your injuries are, the greater compensation you will be able to claim. Typical types of compensation payable for claims include:

  • Loss of income for time off work both past and future
  • Payment for Medical expenses
  • Payment of a lump sum for Pain and Suffering

How long will a dog bite compensation claim take?

It is uncertain difficult to say exactly how long this type of claim will take. Time considerations can depend on several things, including:

  • Extent and severity of injuries
  • Cooperation from the opposing party
  • Circumstances of the case.
  • How long it will take your injuries to stabilise before assessment

Usually, dog bite claims resolve between 1 and 2 years after the injury.

Are there time limits when it comes to making a dog bite compensation claim?

Yes, there are strict time limits to commence a claim in Court for a dog bite.

The period is 3 years from the date of ‘discoverability’.

The  date of discoverability is the date from which the injured person knows that:

  • The fact that the injury or death concerned has occurred.
  • The fact that the injury or death was caused by the fault of the defendant
  • In the case of injury, the fact that the injury was sufficiently serious to justify the bringing of an action on the cause of action.

In most Dog Bite cases, the date of discoverability is usually the date the injury occurred and it’s best to make sure any claim is commenced within 3 years from the date of the injury.

How much will it cost me to make a dog bite claim with Garling&Co?

At Garling and Co we have a No Win No Fee guarantee.

A No Win No Fee guarantee means that if we do not win your case, you will not be required to pay us any legal costs.

If you are successful in your claim, then about 70% of the costs are paid by the Defendant and the remaining 30% is payable from any compensation you receive.

 

If you need assistance or are after more information about dog attacks, please do not hesitate to contact us as follows;

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8518 1120

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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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
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