The most common pets in the UK are dogs, with around 34% of households owning at least one dog. These adorable four-legged creatures are often referred to as a “man’s best friend.” But what happens if you are bitten by a dog? If you sustain injuries, are you able to make a claim?
The applicable law in Scotland, which applies “strict liability” is the Animals (Scotland) Act 1987. This Act makes the person responsible for the dog, namely the “keeper”, liable for paying compensation to the injured party. Whilst “strict liability” is applied under the relevant Act in Scotland, this will not be applicable if the dog was encouraged or provoked in any way by the injured party.
You will need to have evidence to show your injuries if you are bitten by a dog and wish to pursue a claim for compensation. Photographs, medical records, and statements from any witnesses who may have seen the incident will strengthen your position if you wish to make a claim. You will, of course, also need to have the details for the individual responsible for looking after the dog.
You have three years from the date of the incident to make a claim and begin legal proceedings. Your personal injury solicitor will begin the process of your claim by intimating a “Letter of Claim” on the responsible party. The responsible party will be the individual who was responsible for looking after the dog at the time of the incident. This may be the owner, but it does not necessarily have to be. For instance, the dog may have been under the care of a professional or another individual. In that situation, if you were bitten or attacked by a dog, the “keeper” would be the person who was responsible for looking after the dog.
Irrespective of who the claim is to be intimated upon, you may want to know how these claims work and who is responsible for paying any compensation. Whilst it is not a legal requirement to have pet insurance in place, some people still opt for this safety net and may have insurance in place. This insurance may cover the costs and pay out any compensation due, although this is not a guarantee. If the specific insurance policy does not cover this, the responsible party themselves may be found liable to foot the bill.
A distinction is also drawn between a bite and an attack. Whilst “strict liability” applies to a dog bite, an attack differs. One of the first cases which followed on from the Animals (Scotland) Act 1987 is Fairlie v Carruthers, where a dog ran into the injured party. This case did not fall within the Act as “intent” was required, and a distinction was drawn between an “attack” and a collision where the dog ran into the injured party.
If you have sustained personal injury due to being bitten or attacked by a dog, it is important that you seek legal advice from a specialist personal injury lawyer. If you would like to speak with us about a personal injury claim, you can contact our specialist team on 0800 731 8434.
If you have suffered an injury as the result of a dog bite please contact the Personal Injury Team on 0800 731 8434.
