A dog attack can be a frightening experience, which can cause serious physical or psychological injury. These attacks occur more often than people think and the reality is that it can happen to anyone and by any dog, regardless of its breed or owners.
In New South Wales, the main legislation that addresses the control of domestic pets is the Companion Animals Act 1998 and Companion Animals Regulation 2008. When it comes to personal injury claims, if a dog attacks, bites or harms another person or animal, the owner is deemed to be negligent. This means that they can be prosecuted for an offence and subsequently fined / gaoled. An owner of a dog must take all reasonable precautions to prevent a dog escaping its enclosure, and attacking other people or animals.
However, a dog owner is not likely to be found liable for an attack if the following occurs:
- The person injured by the dangerous animal is trespassing on the property where it is kept.
- A person that is known to the animal is being harmed in front of it.
- If the animal is teased, provoke, assaulted or abused by the person who is subsequently bitten.
- Another animal comes onto the premises where the dog is kept.
At Stacks Goudkamp, we have acted for numerous dog bite victims in compensation claims and understand the ongoing trauma that many individuals may experience from these vicious attacks. If negligent, owners of these animas should be held accountable for all the actions of their dog and the damage it may cause.
If eligible for a compensation claim, an example of some the things you might be able to claim include:
- Your pain and suffering.
- Loss of earnings (if you took time off work).
- Medical expenses.
- Any past domestic care that you may have received, paid or unpaid.
- Loss of enjoyment of life.
If you have been bitten by a dog and have suffered injury, then you may be eligible to claim compensation. Because everyone’s circumstances are unique, an easy and quick way to find out what your rights are is to speak to one of our experienced and compassionate personal injury lawyers at Stacks Goudkamp. If you’d like more information about what you can do, call us on 1800 25 1800 or make an online enquiry for a free, no obligation consultation.
Written by Vladana Vracar.
Vladana is a Law Clerk in Julie Mahony’s Practice Group. Vladana assists Julie with a variety of personal injury cases including public liability claims arising out of animal attacks. Vladana is due to be admitted as a Solicitor later this year.