Dog attacks are rising, with figures obtained by ITV earlier this month noting a 22% increase over the past two years. In 2022, 10 people died as a result of dog attacks, a startling increase from the relatively stable three-a-year average across the previous two decades.
Commentators attribute the rise, at least in part, to the enormous growth in the dog population during the pandemic, a contention supported by the fact that the number of children attending Liverpool’s Alder Hey A & E department with dog bite injuries increased three-fold during the first lockdown.
In the aftermath of a dog attack, the immediate priority must be the victim’s recovery and the public’s safety. Where necessary, the victim should seek prompt medical attention, either from A&E, their GP or a pharmacist, depending on the severity of the wound. Dangerous or out of control dogs should be reported to the local police force or the council’s dog warden service.
When the dust has settled, victims are often anxious to know whether they are entitled to compensation. They may have had to take time off work whilst recuperating and lost earnings. Equally, they may incur ongoing medical or travelling expenses when accessing therapy. In addition, they will have suffered harm, sometimes sustaining severe, life-altering physical and psychological injuries. In some cases, personal injury law can step in to help.
The law seeks to compensate a victim for both out of pocket expenses and for their pain and suffering. It aims to put a victim back into the position they would have been in had the attack not happened, insofar as financial compensation ever can.
What sort of injuries can a dog attack cause?
The types of injuries that result from a dog attack are wide and varied. Thankfully, most are minor and do not require ongoing medical treatment. Sometimes, however, an attack can be particularly ferocious and leave the victim with severe injuries. They include:
Punctures and lacerations
When a dog bites, the victim’s skin can be punctured, cut or torn. Sometimes, the injury can be mild – no more than a slight abrasion – other times, the bite can go deeply into the limb or body, reaching the muscles and bone.
Bone fractures
An attack by a large, powerful dog can cause bone injuries, such as fractures. The bone damage might be caused by the dog pushing the victim to the ground or by the sheer force of the dog’s jaw.
Scarring and disfigurement
Dog bites can cause unsightly scars or disfigurement, leaving a victim feeling self-conscious and lacking in self-esteem. In some cases, the scars caused by a dog attack can cause severe psychological damage, particularly if they are in visible places such as on the face.
Loss of limbs and other body parts
Sometimes, a prolonged dog attack can cause such devastating wounds that amputating the affected limb is the only option. Some attacks involve the dog ripping tissue, such as an ear, away from the victim’s body. In these cases, reconstructive surgery may be required.
Psychological harm
In addition to the physical damage sustained in a dog attack, victims can suffer severe psychological injury. Many develop a lifelong fear of dogs, while others develop post-traumatic stress disorder, more commonly known as PTSD.
Fatal injuries
Although instances of dog attacks resulting in fatal injuries are still thankfully rare, the numbers have been rising, and the effects for families of such horrific attacks remain with them for the rest of their lives.
What is the law relating to dog attacks?
A somewhat confusing labyrinth of law and legislation applies to dog attacks.
For example, The Dangerous Dogs Act of 1991 makes owning specific types of dogs illegal. The dogs currently on the banned list are Pit Bull Terriers, Japanese Tosas, Dogo Argentinos and Fila Brasileiros.
On the 31st of October, the government announced that the American Bully XL dog has been added to the list of banned dogs. From the 31st of December, it will be illegal to breed, sell, advertise for sale or abandon this type of dog.
It will also be illegal to permit the dog to stray and take them out in public without being muzzled and kept on a lead. From the 1st of February 2023, ownership of an XL Bully will be banned unless the dog is registered on the Index of Exempted Dogs.
The existing Act also makes it a criminal offence to allow any breed of dog to be dangerously out of control in public.
Suppose a victim is attacked by a dog whilst visiting someone’s home or work premises. In that case, the occupier may be liable under the Occupiers’ Liability Act 1957, which obliges them to take reasonable steps to ensure their visitors’ safety.
If the attack occurred at a victim’s place of work, they may be able to hold their employer liable under health and safety legislation and the common law of negligence.
The law of negligence also applies to dog attacks in public places. Dog owners are under a legal duty to take reasonable steps to avoid their animals causing harm to other people and animals. If they fail to do so, for example, by letting their dog off a lead, they may be liable in negligence, should the dog cause harm to a member of the public.
Claiming compensation for dog attack injuries
Dog attack victims are, in certain circumstances, entitled to compensation for the loss and harm caused by the attack. The damages awarded are split into two types: special damages and general damages.
Special damages are intended to compensate the victim for financial loss, such as lost earnings and medical expenses.
General damages are more difficult to calculate, as they are designed to compensate the victim for their pain and suffering. They are necessarily different in each case, but guidelines have been developed to guide Judges on the level of damages that might be appropriate in certain circumstances.
The guidelines are injury-specific, so the level of compensation a dog attack victim can expect to recover depends on the nature and extent of their injuries. Few dog attack compensation cases reach trial, with most settling out of Court.
The statistics relating to dog attacks appear alarming, and when news reports abound detailing horrific dog attacks on unsuspecting members of the public, we can become understandably outraged and fearful.
Put into perspective, the incidence rate of dog attacks is relatively low, and the amount of dog-related injuries requiring hospital treatment is even lower. However, this is cold comfort for the unfortunate few who get seriously hurt by dogs or the families of those whose loved ones become the tragic victims of a fatal dog attack.
Can you claim if you get attacked by a dog whose owner is uninsured or unknown?
You may be eligible to claim compensation from the Criminal Injuries Compensation Authority (CICA). To succeed in a dog attack claim, the CICA must be satisfied that the attack ‘amounted to a crime of violence’.
The CICA would consider making an award of compensation when:
- The person in charge of the dog deliberately sets the dog on you.
- The cause of the attack was the dog owner’s failure to control a dog, known to be vicious adequately, and the lack of control amounts to recklessness.
If you are unsure about your legal rights following a dog attack, it can help to speak to an experienced personal injury solicitor like Mooneerams who can talk you through your options, give you a feel for the likely level of compensation and pursue the claim on your behalf, if you decide to bring a claim against the dog owner.
