Compensation May Be Claimed When Injury Occurs From a Dog Attack

Dogs can cause injury to people in a variety of ways, such as biting, scratching or knocking a person over. If the dog attack causes physical and/or psychological injury, a personal injury claim for compensation can be made.

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The Legal Framework

If a dog attacks someone, then that person may be entitled to pursue a claim for compensation.

Section 66 of the Dog and Cat Management Act 1995 (SA) provides:

(1) The keeper of a dog is liable intort for injury, damage or loss caused by the dog.

(2) It is not necessary for the plaintiff to establish—

(a) negligence; or

(b) knowledge of the dog's vicious, dangerous or mischievous propensity.

This means that the injured person does not need to prove that the dog keeper or dog owner is at fault for the dog attack. Instead, the injured person must prove that there was a dog attack and that the dog attack caused the injury, damage or loss.

Disciplinary action does not need to be taken against the dog at fault for a compensation claim to be made. However, if a person injured in a dog attack wishes for disciplinary action to be taken against the dog keeper and for steps to be taken against the dog, then the injured person should report the dog attack to the local council where the dog is registered. If there is uncertainty about which council the dog is registered with, the first step would be to report the dog to the council that manages the area that the dog attack occurred within.

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Securing Compensation‍

Compensation can be claimed for the impact of the injuries and/or scarring caused by the dog attack (known as pain and suffering) as well as for any treatment, counselling, surgery and rehabilitation required. If the injuries cause an impact on the injured person’s schooling or work (now or in the future), a claim for loss of earnings may be made. A claim can also be made for any assistance required around the home and in the garden as a result of the dog attack injuries.  

An important question to consider in dog attack claims is whether the dog keeper has insurance to pay compensation. Dogs are considered personal property at law and therefore many contents insurance policies provide coverage for dog attack injuries. Typically, many home owners will have home and contents insurance which will cover compensation claims made in relation to a dog attack.

If the dog keeper does not have insurance, then the dog keeper will need to have real property or other financial assets to pay compensation.

if you are not sure of who the dog keeper is, you should still obtain legal advice about making a personal injury compensation claim as the dog keeper's details may be obtained by investigations with the local council.

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Seeking Legal Advice

If you or a loved one has been injured as a result of a dog attack, particularly if the injuries have resulted in a need for extensive treatment and/or had an effect on work capacity or household chores, contact MKF Lawyers by telephone on 08 7093 2998 orby email at info@mkflawyers.com.au for a free consultation to discuss making a compensation claim. Alternatively you can submit a free claim check at mkflawyers.com.au/freeclaimcheck

For more information about making a dog attack claim, visit our webpage at DogAttack | MKF Lawyers Adelaide.

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