Can you claim for a dog bite injury?
There were over 30,594 dog attacks recorded by the police in England and Wales in 2023, an increase of 12,067 compared to 2018. Dog bites range from minor nips to fatal injuries, but if you have been injured by a dog, can you claim compensation?
In this blog, our personal injury solicitors explain how the process for claiming compensation for a dog bite injury works.
Can I claim compensation for a dog bite?
If you have been the victim of a dog bite as the result of someone else’s negligence, you may be eligible to claim compensation. Dog bites can happen to anyone and for multiple reasons, such as poor control by the dog’s owner, stress or mistreatment.
Dog owners and handlers have a legal responsibility under the Animals Act 1971 to maintain control of their dogs and prevent them from harming other people. If the owner or handler has neglected to carry out this duty and you are injured, you may have grounds for a personal injury claim.
You normally need to show that the dog owner failed to exercise reasonable care to prevent the dog from causing harm, or has failed to take reasonable precautions knowing the dog had a history of aggression.
To begin a claim for compensation for a dog bite, you must prove you were injured and that the injury was caused by another person or handler’s dog, i.e. not your own dog.
The most common types of dog bite injuries include:
- Puncture wounds
- Broken bones
- Head or facial injuries
- Nerve damage
- Psychological trauma
If you have been injured by a dog, it is worth speaking to a personal injury solicitor who specialises in dog bite injuries about making a no win, no fee claim. You can also claim compensation for financial losses (for example, loss of earnings from time off work) and ongoing treatment and rehabilitation.
Identifying liability: who is responsible for dog bites?
Owners (and handlers) have a legal duty to keep their dogs under control. If the person responsible for the dog has pet insurance, then usually their insurer will pay compensation.
If the owner does not have insurance, the individual dog owner can be pursued for compensation, although this is often tricky as there is uncertainty as to the owner’s ability to pay any compensation. Our personal injury lawyers do not, as a rule, offer ‘no win, no fee’ agreements when pursuing claims against individuals for this reason.
Where the dog attack was a crime of violence, the dog bite injury claim will be handled by the Criminal Injuries Compensation Authority (CICA). This scheme is often limited to when the dog was deliberately used to cause harm, i.e. it was used as a weapon, or the owner’s actions were reckless.
If you are bitten by a dog at work (or while out working), you may be able to sue your employer via their employer’s liability insurance depending on the circumstances of the incident.
What to do if you’ve been bitten by a dog
If you have been bitten by a dog, you or a friend/family member should contact the Police as soon as possible. You should also obtain the following which will be important evidence used as part of your personal injury claim:
- Details of the dog and dog owner or handler, e.g. full name and address
- Statements from any witnesses
- Photos of your injuries (including subsequent scarring)
- Receipts for prescriptions, private medical care and travel costs for medical appointments to treat your injuries
Claiming for a dog bite on private property
The Dangerous Dogs Act 1991 was updated in 2014 to include private property. Dog owners have a legal responsibility to keep control of their dogs even within their own homes.
If you have been bitten by a dog on private property, you may still be able to claim compensation as long as you can prove that the owner was negligent, or failed to exercise reasonable care.
Under the Dangerous Dogs Act, an owner can be prosecuted if they deliberately allow their dog to injure someone.
Can I claim even if the dog isn’t a banned breed?
The Dangerous Dogs Act lists breeds that are not allowed to be sold, bred or exchanged in the UK, and these must be insured, neutered and microchipped. Currently, these include:
- Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasileiro
- XL Bully (in England and Wales, unless the owner has a Certificate of Exemption)
You can claim compensation for injuries from any dog, whether they are a banned breed or not, as long as you can prove it is the result of the owner or handler’s negligence.
How long do I have to claim for a dog bite injury?
Like most other types of personal injury claims, you have three years from the date of the dog bite to claim compensation. Sometimes, claims can be made after the three-year limitation period; for example, if the Claimant is under 18, but your personal injury lawyer will explain this to you in your initial meeting.
If the dog bite claim is handled under the Criminal Injuries Compensation Scheme, i.e. the dog attack was a crime of violence, you have two years to make a claim.
Contact our personal injury solicitors
If you or a loved one has been injured by a dog bite and it is due to the owner’s negligence, you may be able to claim compensation. For an initial chat with a member of our Personal Injury team, call 0117 325 2929 or fill out our online enquiry form.