Dog owners possess a duty to take reasonable steps to ensure the safety of those around their dog and are strictly liable for any injury caused by their dog. A dog bite can result in both physical and psychological trauma for people of any age, and with increased dog ownership in Ireland in recent years, the number of hospitalisations for dog bite injuries are expected to greatly increase, as well as dog bite injury claims.
The Control of Dogs Act 1986
The Control of Dogs Act 1986 provides protection for victims of a dog attack by conferring liability on to the dog owner. Section 21(1) states that “it shall not be necessary for the person seeking such damages to show a previous mischievous propensity in the dog, or the owner’s knowledge of such previous propensity, or to show that such injury or damage was attributable to neglect on the part of the owner.”
This leaves a broad scope for a potential claim should you sustain an injury as a result of a dog attack.
Common injuries as a result of dog attacks:
- Infection
- Scarring
- Psychological trauma
- Abrasions
- Muscle or soft tissue injury
Injury and Liability
As a dog attack is a personal injury claim, it must be proven that an injury, either psychological or physical, has been sustained as a result of the attack. Injury, loss or damage must be evidenced in order to pursue a claim.
It must also be shown that the attack occurred as a result of negligence on the part of the dog owner. This means that a claim can be hindered by the actions of the claimant should they have trespassed on to private property or ignored clear notices posted to discourage interaction with the dog.
Personal Injury Claim
Many home insurance policies will cover dog bite injury claims. This means that often compensation will be handled by the defendant’s insurer. This compensation will cover physical and emotional damage, as well as any costs incurred by the incident (including but not limited to GP or hospital visits and travel costs).
However, if the dog owner does not possess an insurance policy that can accommodate the claim they may be required to pay out of pocket. You may encounter issues in claiming successfully should the dog owner not have the financial means to substantiate the claim.
We can help
Dog bite injury claims can be a complicated legal matter. Contact our experienced personal injury solicitors today for professional advice on our online request form, on 0749175921, or at admin@mcelhinneyassociates.com
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
