Newman Police recently attended a property to arrest a man for grievous bodily harm and Kidnap. On attending the offender’s property, five police officers were attacked by the offender’s dog.
Three of the five police officers have been serious injured, sustaining wounds to the hands and legs; one of the officers will potentially require a skin graft due to his injuries.
The offender has subsequently been charged with two criminal offences under the Dangerous Dog Act 1991
In cases where a dog causes injury there is not just a criminal offence under the Dangerous Dog Act but also a potential personal injury case under the Animals Act 1971. As an owner or a handler of a dog, you have a duty to prevent a dog from causing injury to any person as stipulated by section 3 of the Animals Act 1971. So it’s in the law!
There are some exceptions to the liability imposed by section 3 of the Animals Act 1971; for example if it was wholly the person’s fault that was injured (perhaps by teasing the animal) or if the person injured was a trespasser on the property the dog was living at.
When making a personal injury claim for a dog bite under the Animals Act 1971 the case is pursued against the owner/keeper of the dog. As there is normally no company to pursue, problems can occur when making a personal injury claim for a dog bite due to many owners of dogs not having insurance or not having the funds to pay compensation. It may possible under home or animal insurance policies for the owner/keeper to claim to cover the cost of a compensation claim. If this is the case, it’s good news for the victim who may well have been left with some nasty and serious injuries.
As a nation of dog lovers, many people fear that if they make a personal claim against the owner whose dog has attacked them, the dog will be subsequently be put down by the authorities. This is not the case under a personal injury case, as it will normally only arise if criminal proceedings are perused against the owner/keeper under the Dangerous Dogs Act 1991.
If you have been attacked by a dog and sustained injury you may have a claim for compensation. But remember, it may be difficult to claim if the owner does not have insurance or the necessary funds to pay out for the claim.
