According to the Australian Institute of Health and Welfare over 100,000 individuals in Australia experience dog attacks each year, which results in more than 2,000 hospital admissions.
Whilst dog bites do happen, most people are not aware that dog bites can be considered a type of public liability claim. According to section 29 of the Domestic Animals Act 1994 (Vic) an individual may be entitled to compensation if they are attacked or injured by a dog in Victoria.
Furthermore, you may have rights to pursue damages for your injuries pursuant to the Wrongs Act 1958 (Vic). Depending on the severity of your injury and the circumstances of the attack, you may need to consult a public liability lawyer who can advise you on your rights and help you negotiate a fair settlement.
It is often hard to understand what the next steps are if you have been injured. To help you get started we have created this article to guide you through the essentials of seeking compensation for dog attacks including defining a dog bite, meeting the criteria for compensation, paperwork needed and deadlines, and the potential necessity of seeking legal counsel.
Read on to find out your legal rights in making a dog bite compensation claim and what to do after the incident has occurred.
Can you sue for a dog bite in Victoria?
The short answer is yes, you can sue for a dog bite in Victoria. In the state of Victoria, if a dog inflicts a bite or causes harm to another individual, the owner and/or the person in control of the dog at the time of the attack could potentially be confronted with a legal claim for injuries under the scope of public liability and the Domestic Animals Act.
A victim of a dog attack in Victoria can sue for negligence if the owner failed to:
- Restrain or maintain adequate control of the dog;
- Ensure the dog is securely confined on their premises and construct satisfactory fencing to their home to prevent escape;
- Lead, collar or muzzle their dog in public; and
- Exercise appropriate care when the dog is in a public space.
It is important to note that each jurisdiction has different laws regarding dog attacks which can often change. It is advised that you contact a lawyer who can help you to understand the rules and criteria needed to claim for a dog bite in Victoria.
Who is liable in the case of a dog attack?
After a dog attack, the person in apparent control of the dog and/or the dog owners can be held liable for damages. This includes the following:-
- attacks or bites any person or animal and causes death or serious injury to the person or animal;
- attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury;
- when a dog rushes at or chases any person.
Although it may seem clear-cut on who is at fault, your level of involvement at the time and the proof you include in your case might affect the amount of compensation you are entitled to.
According to the Domestic Animals Act, it is a defence if the incident occurred because—
(a) the dog was being teased, abused or assaulted; or
(b) a person was trespassing on the premises on which the dog was kept; or
(c) another animal was on the premises on which the dog was kept; or
(d) a person known to the dog was being attacked in front of the dog.
Therefore, in Victoria, the dog owner may not be held responsible or liable if the victim of the dog attack is accused of unlawfully trespassing on the property where the dog is located and provoking the dog which has resulted in the attack.
If this is the case, the victim of a dog attack may not be entitled to compensation or may receive reduced compensation.
To understand who is liable, how to prove negligence and how much compensation you may be entitled to, it is best to contact a personal injury lawyer who can help discuss the variables and has expertise in dog bite claims.
Contact Maxiom Lawyers today, we can advise you on the dog bite claims process and fight for you to ensure you get the maximum compensation you deserve.
Proving liability in a dog bite claim
Proving that the responsible party was liable in a dog bite claim can be reasonably straightforward in Victoria, provided you can establish who was responsible for the dog at the time and/or who the owner is.
This is because the Domestic Animals Act provides a statutory duty of care. This means that the dog owner and/or the person in control of the dog have a legal obligation to avoid doing things that could foreseeably cause harm to another person.
Under the Domestic Animals Act, if the dog owner and/or the person in control of the dog are found guilty of an offence under section 29, then the Court may make orders that the person pay compensation for any damage caused by the conduct of the dog.
In circumstances where the dog owner and/or the person in control of the dog are not prosecuted or not found guilty of an offence, you may still have rights to pursue compensation under the Wrongs Act 1958. To do this, you must establish the following:
- Duty: You were owed a duty of care;
- Breach: The owner of the dog or the person in apparent control breached this duty;
- Causation: This breach caused you to suffer injury.
As outlined above, the Domestic Animals Act establishes a statutory duty of care in dog bite circumstances.
Our expert lawyers will speak with you about the circumstances of your attack and provide advice as to whether you have reasonable prospects of establishing breach and causation.
Under the Wrongs Act, to pursue general damages for pain and suffering, you will also need to satisfy the significant injury test which we have previously written about here.
A Court may consider the below factors in determining how much compensation you may be entitled to and whether any defences can be relied upon to defeat your claim:
- The victim of the attack was not complicit in their own accident by determining if their behaviour leading up to the attack did not in some way contribute to or cause it;
- The relative degree or responsibility in preventing the attack;
- The dog owner took preventative measures to avoid an attack; and
- The victim was not unlawfully trespassing on the property of the owner/employers where the dog usually resides.
Proving and documenting injuries
The value, validity and strength of your dog bite claim are not only influenced by provable negligence but also the severity of your injuries, damage and the lasting impact they may have on your health, value of life, or the severity of economic loss.
What to do if you have been attacked or bitten by a dog.
After the attack occurs the best procedure and steps to take are the following:
- Obtain information about the other party involved, including:
- Full name and address;
- Contact phone numbers;
- The dog’s name; and
- Registration details from the local council tag.
- Obtain information from witnesses, including:
- Contact details of witnesses;
- Witness statements describing the incident, your injuries, the dog’s behaviour and the actions of the owner; and
- Requesting copies of any photos and/ or videos taken.
- Keep a record of events from your perspective whilst it is still fresh in your mind, including:
- The date and time of the incident; and
- A description of the events that led up to the dog bite.
- Seek medical attention.
During your visit, gather information to help indicate the significance of your injuries, especially if the injuries are significant enough to require stitches or other professional medical care, including:
- Photographs of your injuries;
- Medical report detailing your injuries resulting from the dog attack, how they were treated and how they will continue to be treated; and
- Financial records of medical bills
- Report the dog attack.
To report an attack on a person, animal or pet you should report the incident to the police and your local council or the Dangerous Dogs Hotline on 136 186.
- Seek legal advice and representation from a public liability lawyer in Melbourne and provide details of other parties and witnesses to the event.
- Parties seek to settle thhttps://maxiomlaw.com.aue matter out of court through an informal settlement conference. This is called the pre-litigation phase.
- If no resolution is achieved via informal settlement discussions, then issue Court proceedings.
- The timetable for mediation and the trial are set by the Court.
- The legal case is heard before a court and a judge and/or jury determines the outcome.
If you are injured as a result of a dog attack, it is recommended that you call our No Win No Fee lawyers on 1800 85 30 85 to help you gather all the documentation and materials required to ensure that you receive the full compensation that you are rightfully entitled to. Contact us today, we are always here to help.
What damages are you eligible for after a dog bite or attack?
In Victoria, in addition to compensation being awarded under the Domestic Animals Act 1994, if you have been injured from a dog attack, you may also have the right to bring a public liability claim for damages including medical expenses, loss of income and pain and suffering, whether the owner has been prosecuted in relation to the attack or not. Damages include economic loss and non-economic loss.
Economic loss includes:
- Medical expenses (past and future medical costs);
- Gratuitous attendant care;
- Past and future loss of income; and
- Replacements of damaged property (material damages and clothing included).
Non-economic loss includes:
- Pain and suffering for the consequence of your injuries.
- Anguish.
Should I get a lawyer after a dog attack?
We strongly recommend you obtain legal advice from a Personal Injury Lawyer to see where you stand and what is the best course of action. The benefits of working with a personal injury lawyer relating to an injury claim cannot be understated. They can advise you on how to best prepare your case. They can also help you understand what compensation you may be entitled to, to maximise your chances of success. They are well-versed in specific Victorian law and can provide the guidance you need to protect your rights and pursue fair compensation.
Contact Maxiom Injury Lawyers today. We know that dog attacks can have devastating consequences both from a physical and psychological perspective and can help you get the maximum compensation you deserve.
Are there time limits when it comes to making a dog bite compensation claim?
Yes, there is a strict time limit of 3 years for commencing a claim in court for a dog bite from the date of “discoverability.”
The date of discoverability is important in personal injury claims as it means the date the limitation period starts.
The date of discoverability for a dog bite claim is when the injured person knew that:
- The injury had occurred;
- The injury was caused by the fault of the defendant; and
- The injury was sufficiently serious to justify an action.
How much will it cost me to make a dog bite claim?
At Maxiom Injury Lawyers, we provide legal services on a No Win No Fee basis, meaning if you do not obtain a successful outcome, we will then not charge you our professional fees. We keep our legal costs and disbursement fees to a minimum, cap our costs wherever possible and do not charge an uplift fee.
We are committed to complying with our obligations under the Legal Profession Uniform Law (Vic). In accordance with our obligations, we will gladly provide you with an estimate of legal costs before we begin any work on your file.
How long does it take to get money from a dog bite?
It can take anywhere from months to years to settle, although usually, dog bite claims resolve between 1 and 2 years. It is important to remember that how long it takes to receive your money for a dog bite claim can vary, owing to several factors, including:
- The cooperation from the other party;
- The circumstances of the case;
- The proof and its viability; and
- How long it takes for your injuries to stabilise before the assessment.
If you want to increase the odds of settling faster, you will need to seek strong legal representation that can help you fight in your corner. At Maxiom Injury Lawyers, our dedicated Personal Injury Lawyers fight relentlessly to protect our client’s rights and are committed to keeping legal fees low so that you receive the maximum compensation.
But remember, don’t rush into a settlement.
It is important that you get the best advice possible and not rush your claim or rush into a settlement. We understand wanting the process to be over as quickly and as stress-free as possible, but this will not always result in the best outcome for you. Be as detailed as you need to be with your lawyer. No detail or information is too much. An expert Personal Injury Lawyer will take all the details and information you have provided and let you know if any more information is required.
How do I claim compensation for a dog bite?
Seek legal advice from a Personal Injury Lawyer who understands and cares.
Dog bite injuries are a subspeciality of Maxiom Injury Lawyers. Our expert Personal Injury Lawyers will carefully assess all the details and information you provide. If any additional information is required, we will promptly inform you to ensure a comprehensive and effective approach to your case. We strive to secure the best possible outcome for you and for your recovery, which always involves paying close attention to every aspect of your claim.
This is your claim, and you are entitled to not only the maximum compensation but also the best legal advice to help you win your case.
Contact Maxiom Injury Lawyers today.
