Dog-related attacks result in over 2,000 hospitalisations every year in Australia. When a dog attack occurs, the owners are always liable for the damage; with a few exceptions. If you are the victim of a dog attack or the owner of a dog which has attacked another person or damaged property it’s crucial to know what to do at the time of the attack and afterwards to avoid legal complications. Below, we answer the questions: Is the owner of a dog liable for damage? What to do if your dog knocks someone over? What happens if my dog injures someone? We also discuss how compensation payment is calculated in Australia.
Is The Owner of a Dog Liable for Damage?
In New South Wales, the owner of a dog is always liable for damage to persons or property. Exceptions to this law include when a person has entered a property uninvited or has provoked the dog, if the attack occurs during hunting or if the dog is a corrective services animal. If you own a dog, public liability insurance is often a good product to purchase. Public liability is usually included in home and contents insurance; but be sure to check your individual contract.
What To Do if Your Dog Knocks Someone Over?
Although dog bites are the most common and often most-vicious of dog attacks, large dogs can also knock people over when excited which can cause bruises, laceration and even broken bones. In the event your dog has knocked someone over, you, the owner will be liable for all their injuries; all the victim must do is present evidence of injury and that it was caused by a dog. There is no clause for negligence on the part of the owners in the event of a dog attack. If you are a dog owner you should take photos of the victim’s injuries in the event of a knock-down or you may be investigated following submission of a council report on the part of the victim.
What Happens If My Dog Injures Someone?
Best practice when a dog injury occurs requires completion of the following steps:
- Gather evidence at the scene of the injury
- Interview witnesses and obtain testimony
- Contact a lawyer
- Negotiate with insurance companies
- Obtain medical documentation of injuries
- Court attendance
How Is Dog Attack Compensation Calculated?
There are a few determining factors included in calculation of dog attack compensation. These factors include: any time off work and lost earnings, any future lost earnings, any changes in your ability to work, care or support, even if given to you for free by family or friends, any adaptations you might need to your home or motor vehicle, travel and accommodation expenses. If you are the victim of a dog attack you must keep detailed, accurate records of all expenses resulting from the dog attack. Your lawyer will help you make a claim in court for compensation by the owner or their representative insurance company.
Get In Touch With Tony Love Lawyers Today
For all of your animal liability claims and queries, get in touch with Tony Love Lawyers. We are a team of lawyers you can trust, with over 25 years of experience in injury litigation.