Navigating the Legal Landscape of Dog Bite Claims: A Comprehensive Guide

Lara Shehadeh
Family Paralegal

Introduction

As a law firm operating in London, we understand the complexities surrounding dog bite incidents. Victims often find themselves in a state of confusion and distress, wondering about their rights and the potential for compensation. In this blog post, we aim to shed light on the legal framework, evidence-gathering, compensation, and the likelihood of success in a dog bite claim.

Understanding the Legal Framework

The legal landscape for dog bites in the UK is governed by several key pieces of legislation:

  • Dangerous Dogs Act 1991: This act focuses on specific breeds and dangerous behavior, making it a criminal offense if a dog is dangerously out of control or if they are one of the following breeds; Pit Bull Terriers, Dogo Argentinos, Japanese Tosas, and Fila Brasilieros, which are prohibited or subject to specific control measures.

 

  • Dogs Act 1871: This act provides a more general framework for dealing with dangerous dogs and dog-related incidents. It covers all dogs in both public and private places and allows for civil complaints to be made to the Magistrates Court regarding dangerous dogs. This act allows for civil complaints regarding dangerous dogs but does not offer a path for compensation.

 

  • Animals Act 1971 This act is particularly relevant for dog bite victims as it can impose liability on animal owners for damage caused by their pets. It provides a basis for seeking compensation outside of specific breed or behavior regulations.

 

  • Negligence Claim Under the Occupiers’ Liability Act 1957, if a dog bite occurs on someone’s property, there may be grounds for a negligence claim if the property owner failed to take reasonable precautions to ensure safety.

 

Evidence Needed for a Successful Claim

To support a dog bite claim, it’s essential to gather comprehensive evidence. This includes:

  • Photographs of the injury over time
  • Preserved clothing from the incident
  • Witness statements
  • Detailed notes about the attack
  • Medical records and documentation
  • Financial records for all related expenses
  • Evidence of the dog’s known aggressive tendencies

Compensation and Damages

Compensation for dog bites generally includes general damages for pain and suffering and special damages for financial losses. The amount can vary widely based on the severity of the injury and its impact on the victim’s life. For instance:

  • Minor hand injuries may result in up to £4,500.00
  • Severe hand injuries could lead to compensation up to £58,000.00
  • Very severe leg injuries or loss of limbs can result in significantly higher awards.

Advice Based on the Law

While pursuing a summary offense under the Dogs Act or Dangerous Dogs Act can lead to penalties for the dog owner, it does not result in compensation for the victim.

The Animals Act 1971 requires that the damage caused was due to characteristics known to the keeper, not normally found in that species, and severe or likely to be severe. Proving these elements is crucial for a successful claim.

Questions to Consider and Next Steps

When considering a claim, ask yourself:

  • Was the attack within the last three years?
  • Were you at fault for the attack?
  • Did the attack result in an injury?

 

If you answer “yes” to these questions, the next steps should include:

  • Gathering all necessary evidence
  • Consulting with one of our llegal professionals to assess your claim
  • Taking prompt action to ensure your claim falls within the statute of limitations

 

In conclusion, while dog bite incidents can be traumatic, understanding the legal framework and taking decisive action can help victims seek the compensation they deserve. Our law firm is here to guide you through this process, ensuring your rights are protected and your claim is presented effectively in pursuit of a just outcome.

For specialist advice and support. please get in touch with our divorce solicitors in London now by calling 020 7139 9266 or contacting the GOOD LAW INTERNATIONAL office.

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