Dogs are usually treasured and loving family members. However, they also have the potential to do harm. Dog bites can cause serious injuries, which aren’t to be treated lightly.
Dog bites and attacks have been on the rise in recent years and are frequently in the news. In 2022 there were 21,918 dog attacks in England and Wales, increasing from 19,623 in 2021, and up from 16,394 in 2016. Thankfully, deaths from dog attacks are low, typically between two to six a year in England and Wales. But they did rise to 16 in 2023.
The owner of a dog is legally responsible for its behaviour. It’s vital that owners understand their obligations to keep people safe around them, and that anyone who’s bitten by a dog understands their rights. If you’re bitten by a dog, you may be entitled to seek compensation from its owner.
Understanding the Dangerous Dogs Act 1991
Most of the legislation concerning dog bites is covered by the Dangerous Dogs Act 1991. There are two key parts of the Act:
Part 1
It’s a criminal offence for a dog to be ‘dangerously out of control’ in a public place. While this is a rather vague term, it is usually interpreted as a dog causing injury to a person or other animal – such as another dog – or causing fear of an attack.
The Act suggests prison sentences if an owner, or someone caring for the dog, is found guilty of having a dog dangerously out of control in public. There is a maximum sentence of five years if someone is injured by a dog, or up to 14 years if a dog kills someone.
Part 2
The second part is breed-specific legislation (BSL) that makes it entirely unlawful to own certain breeds of dog – mostly those typically bred for dog fighting – and to restrict the ownership of other breeds. If an animal is suspected to be a banned breed, they can be taken from its owner and put down.
Amendments to the Dangerous Dogs Act
The Dangerous Dogs Act 1991 was updated in March 2014 to also cover dogs ‘dangerously out of control’ in private spaces. Meaning a dog’s owner or handler is also responsible for their dog’s behaviour in places like private homes.
The 2014 amendment also affected the use of guard dogs. It made owners potentially liable if a guard dog harms people on the property it’s guarding, including trespassers.
With both the Dangerous Dogs Act 1991 and the 2014 amendment, it means that dog owners – or people in charge of a dog at that time – are responsible for ensuring the dog doesn’t cause injury or death both in public and private spaces.
Seeking compensation for dog bite injuries
If you’ve been bitten or otherwise harmed by a dog, you may be able to seek legal compensation. A responsible dog owner will have pet insurance for their dog, and most pet insurance policies include provisions for legal costs and paying compensation.
Your case will likely be stronger if you were unfortunate enough to be seriously hurt or have long-term injuries. As well as if the owner or handler of the dog was negligent, such as not controlling or stopping an aggressive dog. But even if that isn’t the case and the bite was mild, you may still be able to get the compensation you deserve.
To claim for a dog bite, you can contact one of our experienced lawyers to talk to someone about your case. They can give you a free consultation to explain the legal process of pursuing a dog bite compensation claim, explaining what’s needed at each stage. Our no win, no fee policy means there’s no risk for you, and you won’t be charged any legal fees if your claim isn’t successful.
You should also:
● Take detailed notes about what happened and ideally write out a full account of the incident as soon as you can.
● Gather as much evidence as possible, including medical records and doctors’ opinions and judgements.
● Get the contact details of as many witnesses as possible and ask them to write statements of the attack.
Identifying a dangerous dog and reporting dog attacks
A dog is generally considered to be dangerous if it:
– Is judged to be out of control
– Injures someone or another animal
– Makes someone worried that it may injure them or an animal
You can report dog attacks, or dogs that you believe are dangerous or out of control, to your local council or to the police. If the attack is serious, you should call 999 right away.
Whether you contact the police or your council, you’ll be asked for as much information you can give and for your contact details. You may be asked to provide a witness statement to be used in court.
It’s important to report any incidents, even if they don’t seem very serious, as police and councils report statistics on dog attacks that are used to shape government policy. Police and councils also need to be made aware of dogs that are dangerous and owners that don’t keep proper control of them. This will help avoid future incidents that may be much more serious.
Preventing dog attacks
If your dog bites someone, or even attacks another animal, it can be a distressing, life-changing event for both you and your dog. As a dog owner, there are plenty of steps you can take to reduce the chances that your dog will bite or otherwise attack someone or another animal, like:
● Making sure you get a breed of dog that’s suitable for your living situation.
● Finding out about the personality and temperament of any dog you’re thinking about adopting or buying, and making sure you don’t bring home a dog with a history of aggression.
● Making sure your dog has all the required immunisations.
● Having your dog spayed or neutered.
● Taking your puppy or young dog to training or obedience school to ensure they grow up well-behaved and socialised. Even if your dog is older, this can still be beneficial – you absolutely can teach an old dog new tricks.
● Keeping your dog on a leash when walking.
● Supervising your dog when they’re interacting with people.
● Stopping people your dog doesn’t know from approaching them in a way you know your dog won’t like.
● Removing your dog from social situations when they become overly excited, stressed, scared or aggressive.
Legal consequences for dog owners
As a dog owner, you’re legally obliged to control your dog in public and private places, including your own home. If your dog harms someone or another animal, you will be the first person held responsible – unless there are other circumstances in play, like someone deliberately attacking your dog.
If your dog attacks or bites someone or another animal – or is otherwise judged as being out of control – you could face a range of penalties, including:
● An unlimited fine
● A 6-month prison sentence for your dog being out of control
● A maximum prison sentence of up to five years if your dog injures someone
● A maximum prison sentence of up to 14 years if your dog kills someone
● Civil legal action, such as being sued for damages in the civil courts
● Being banned from owning a dog in the future
● Your dog being confiscated and put down
As well as taking the steps to prevent dog attacks we’ve included above, you should always pay attention to your dog’s behaviour and their body language, to make sure they aren’t becoming aggressive or feeling threatened or scared. Learn what to look out for and your dog’s warning signs. These usually include:
● An upright stance
● Stiff, straight legs
● A stiff tail
● Ears held up and pointing forwards
● Hackles are up (the hair along a dog’s spine)
● Directly facing you and standing square
● Growling with front teeth and canines exposed
● Eyes wide open with the whites of eye showing
If your dog is exhibiting aggressive body language, try to remove them from the area or situation as calmly but quickly as possible.
How can InjuryLawyers4U help you?
Dog bites are a serious issue, and one that seems to be becoming more prevalent. It’s important to understand the law around dog bites and attacks, both as someone who could be bitten and as a dog owner. If you’ve been bitten by a dog, you may be entitled to compensation. Contact us to find out more and to arrange for a free consultation with one of our expert lawyers.
