Depending on the extent of your injuries and impairment, if you are attacked by a domestic animal under someone else’s responsibility, you may be entitled to claim public liability compensation. Under the laws, domestic animals should be registered and an owner is obliged to take precautions to prevent the animal from causing harm to someone. It is determined as an offence if a dog rushes at, attacks, bites, harasses or chases a person or another animal. If you suffer physical or psychological injuries, you may be entitled to claim public negligence compensation if the animal was uncontained.
Who is responsible for my injuries after a dog bite?
Under the Companion Animals Act 1998, domestic animals should be registered by their owners and maintained in a way to prevent an assault on someone else by the animal. If a dog registered to you, flees your property, you may be charged with public negligence and be fined. Owners are expected to take responsibility for their companion animals and might be imprisoned in case of continuous negligence. A lawsuit cannot be filed on some occasions such as:
- Assaults by provoked, harmed, attacked or teased animals
- Trespassing in a property and being attacked by an animal which is guarding the property
- Animal acting in reasonable defence of a person or property
What can I claim in dog bite compensation?
If you are suffering injuries or decreased earning capacity, you may be able to retrieve your loss by way of compensation. You may be entitled to receive public liability compensation for past and future economic loss, pain & suffering, medical expenses, loss of earning capacity and domestic help.
Under the Companion Animals Act, the owners of these companion animals are liable for any damages to another person as long as the animal was not provoked or guarding the property of the owner.
What to do after a dog attack?
‘‘Only in September 2020, in NSW, 117 of dog attacks ended up with medical treatment and 36 of these injuries were serious’’
In respect of whether the attack occurred in a public or a private property, you can report the attack to the local council and immediately seek first aid. If you believe the owner of the dog was negligent, you may arrange an appointment with a lawyer and lodge a public liability compensation claim. If you are suffering severe injuries and if you have a loss in your bodily functions,you should gather documents demonstrating your capacity to earn and your capacity of fitness. Any invoice regarding your health care expenses and damage to your financial situation will also be needed. Documents relating to your pre-injury income and payslips might as well be needed.
Do I need a lawyer for dog bite compensation?
A claim can be made individually but the outcome of an attack by a dog might be wearing and frustrating. If you choose to hire a lawyer, it will surely be more advantageous for you. Personal injury claims are complex cases and should be managed by a lawyer specialising in public liability claims to prevent being undercompensated. You can focus on getting better while your lawyer can manage the conversations with the other party or their insurer and help you obtain the necessary documents to support your claim. If you hesitate to work with a lawyer because of financial difficulties, you can always choose to work with a experienced personal injury lawyer acting on no win no fee basis. A no win no fee lawyer will only charge you if you can successfully be compensated.
