My child has been injured in a dog attack. What compensation claim can be made? 

Dog attacks can cause life long injuries both physically and psychologically. We are seeing a lot of advertising about the need to be more cautious around dogs, including our own pets. This is a great start to preventing dog attacks however it does not stop dog attacks occurring in uncontrolled environments outside of your home or when dog owners/keepers do not effectively control their dogs.  Given dog attacks are still happening, it's important as a parent to understand what compensation can be claimed if your child is injured in a dog attack.

Firstly, for a claim to be made, it is necessary to determine who the owner/keeper of the dog is. It is important to get as many details from the owner/keeper of the dog on the day of the incident and ask for the details of any witnesses to the incident, if available. This includes the person’s name, address and their contact number (a picture of their ID would be best) and the name and address of the dog owner if it is someone other than the person with the dog on the day of the incident. A claim cannot be made if the injury is caused by your own dog. You can report the dog attack to the local council where the dog attack occurred, but it is not essential. The council will then investigate the attack and may be able to ascertain the identity of the dog and the owner/keeper of the dog if those details are unknown.

Secondly, it is necessary to prove the injuries sustained were as a result of the dog attack. This could be physical injuries such as cuts, scratches and bite marks, and/or psychological injuries. The physical injuries may require plastic surgery if the injuries are severe, are large and visible, or cause nerve damage. The compensation that can be claimed for physical injuries can be significant if the physical injuries are large or are located on highly visible areas of your child's body, such as on their face, arms or legs, or if the injuries have an effect on function (such as a bite to the hand or foot).

Compensation can be claimed for the impact of the injuries on your child’s life (known as pain and suffering) as well as for any treatment, counselling, surgery and rehabilitation required. If the injuries cause an impact on your child's schooling or there are concerns about your child's capacity for work in the future, a claim for loss of earnings may be made. This will be an important consideration if your child is demonstrating an impact on their confidence as a result of scarring and/or psychological injury from the dog attack or your child’s school grades have been affected. 

Ideally, you need to notify the owner/keeper of the dog within 6 months of the injury but this time can be extended in certain circumstances. Your child has until their 21^st birthday to finalise any compensation claim by way of an out of court settlement. If they haven’t finalised their claim by their 21st birthday, they must issue Court proceedings or their claim will be out of time. Extensions are possible but difficult and costly to obtain.

If your child has been injured as a result of a dog attack, as a parent you will want the best dog attack lawyers in Adelaide. At MKF Lawyers, we regularly work in the area of dog attack compensation claims and can assist you to secure the compensation your child deserves. We act on a no win no fee basis and offer a first free discussion so there is no cost to reach out and obtain legal advice to know where your child stands. Contact us by telephone on 08 7083 2998, by text message on 0482 075 591 or by email to info@mkflawyers.com.au to arrange a time to discuss making a dog attack claim.