Compensation for dog bites and attacks

It’s a dog lovers' society. In NSW the dog population has outgrown the human population in Tasmania and the ACT combined. The rate of dog bites and attacks could, in comparison, be viewed as relatively low, but they can be extremely serious. The Sydney Children's Hospital recently revealed a stat that, on average, one child is being admitted to a NSW hospital every week following a dog attack. Thankfully, there is a way for victims to be compensated for their injuries and loss.

The compensation available is guided under the Civil Liability Act 2002 (NSW) and the possibilities include: pain and suffering, economic loss, medical and treatment expenses and compensation for care and domestic assistance. The amount of compensation will depend on the extent of your injuries and their effect on daily activities, medical expenses, loss of income, need for assistance with personal care & around the home (like cleaning) etc. Damages are claimed for both the past and likely future losses.

Dog owners need to be aware of their strict liability under the Companion Animals Act 1998 (NSW), which essentially deems them responsible even without negligence or fault on their part. This is the case whether or not the attack occurs on their property. Generally, claims are made through the dog owner's home insurance policy, under their cover for personal legal liabilities – extending to situations where the harm is caused in public areas like on footpaths, at the park or beach etc.       

Certain limited defences are available, such as: contributory negligence; provocation; or if the person was unlawfully on the owner’s property at the time.

Dog bite and dog attack victims should consider taking the following steps:

1. Seek medical attention: Your first priority should be your health and wellbeing. Seek medical treatment immediately for your injuries and make sure the provider documents the cause.
2. Report the incident: Report the dog bite to your local council and/or the NSW Police if the situation warrants it. They may investigate the incident and gather information. This could prove useful for your case.
3. Gather evidence: Take photographs of your injuries; gather witnesses’ details and maintain a record of any correspondence with the dog owner.
4. Contact us: Our compensation team are experienced in these cases. They can assess your situation, advise you on the full extent of your rights, and help you navigate the legal process with ease. They will take the necessary steps to initiate a claim on your behalf and act strategically & with skill to try to facilitate an early settlement and maximise the compensation you receive in the hand.   

If you, your child or a loved one have been injured in a dog attack, we encourage you to make contact with us asap as time limits apply. Our personal injury team act on a speculative - no win/no fee – basis and there’s no obligation attached to the first consultation. We’re here to help.

Photo 41823466 © Volodymyr Byrdyak | Dreamstime.com