The law surrounding dog bites is usually perceived to be extremely complicated and difficult to understand. In many ways, this is true; people may be confused about where they stand in terms of their rights as dog bite victims and how much responsibility a dog owner should take when their pet gets out of control. However, there are a few pointers surrounding dog bites and the law which can help individuals in terms of understanding how dog bites and the law can function to their advantage if indeed they are bitten by a dog.

The first issue to explore is the amount of responsibility the owner of a dog has to ensure their pet is not a danger to citizens. There are two main factors which are paramount when detecting if a dog bite victim has a strong case to make a claim.

1) Is the owner keeping their dog negligently or mistreating it in any way?

The negligent or poor treatment of an animal can be an indirect cause of a dog attack. If an owner is keeping their dog in negligent conditions, i.e. not feeding it properly, restricting its exercise activity to a dangerous level, beating it or any other mistreatment, the animal is likely to become dangerous. There have been a number of cases where a mistreated dog has been tied up in an owner’s back garden for a number of days and escaped, attacking an innocent member of the public as a result. Usually, when one looks into these types of dog bites and the law surrounding them, the owner is liable for prosecution and paying out compensation for injuries and trauma caused. It is right to assume that a dog owner should treat their pet in the correct way so that it does not become a danger to the local area.

2) Does the dog owner keep the dog on a lead or appropriately under control?

A lot of the time, victims of dog bites mistake the dog that has bitten them to be lost or a stray. This is actually not usually the case. The cause is quite often the fact that the dog owners have failed to properly keep their dog under control, by letting it go from its lead without keeping a close eye on it, or by allowing it run off altogether. If a dog bites somebody as a result of this type of behaviour, then the owner is liable to pay compensation.

Using a short case study, the above factors should become clearer and show how a dog bite victim can claim for compensation.

Josephine was bitten by a dog when she was walking to her local bus stop. The owner acted very helpfully and immediately called an ambulance and accompanied her to the hospital. She left Josephine her contact details and went on her way once she knew Josephine would be treated.

Because Josephine needed seven stitches on her calf, she was told she would have to rest her leg for at least two weeks. Working as part of a field sales team and working largely on a commission basis, this put her in a very tricky situation.

There are two main points to be taken from this case study and considered when it comes to dog bites and the law:

1) The owner, although helpful, is still liable as she did not have her dog under control.

2) Josephine would be able to gain compensation for her injuries and, most importantly, her financial losses which had occurred as a result of the attack.

Hopefully, this article has gone some way into clearing up some issues about dog bite law and where a victim stands in terms of their rights.