Dog bites are common in the UK. We actually get a lot of enquires from people who have been bitten or attached by dogs, but it can be somewhat of a grey area in law as to whether you can make a claim or not.
In principle you are entitled to make a claim if the owner has been negligent in failing to restrain the dog, or failing to adequately warn a person going on to their premises that a dog is present and may attack.
The issue is more to do with the viability to claim – i.e. is there any way you can actually get any compensation from the owner. If they have insurance, then it makes the whole problem far simpler. Most pet insurance covers liability for negligence, so making a claim through the pet insurance is usually no problem. If the attack happened on the premises of the owner and you can prove that the owner should have done more to protect you from being bitten or attacked, there’s the potential to go through the house insurers.
But what if there is no insurance in place? Can you still make a claim?
You can in theory, but how will you be able to obtain thousands of pounds in compensation and legal fees from someone who cannot afford to pay then? You could take the case all the way to the courts and get a judgment against the owner of the animal responsible, but you’d have difficulties in actually getting any money. Unfortunately, pet insurance is not compulsory – so the main reason why lawyers do not take dog bite claims on very regularly is because of the issue of being able to get any money.
It’s unfortunate, and many people are upset and angry when they struggle to get legal assistance because of the viability to make a claim. Even if you’re seriously injured, it is still just as difficult to claim; in fact it’s probably more difficult because your payout could be worth far more if you are permanently scarred or have been seriously hurt by the animal.
If the owner is perhaps quite well off, or perhaps a home owner, then there could be the chance of getting your compensation from them directly as well as getting the legal fees for the lawyer. If they have assets then it’s possible to do; but it’s not necessarily guaranteed.
At The Injury Lawyers, we’re huge on helping people and making sure that you have the right legal advice for making a claim. We love being able to tell people that they potentially have a claim and have the right to get the compensation they rightfully deserve. But unfortunately, when it comes to dog bite claims, they are inherently difficult to pursue because of the reasons above.
Please do call our free claims helpline on 0800 634 75 75 for advice as to whether you have a potential claim for compensation.
