Injured By Someone Else’s Dog?
If you have been injured by someone’s dog, our personal injury team will assist you to recover compensation for your losses. In Ireland, dog bite injury compensation falls under Section 21 of the Control of Dogs Act 1986. In summary, dog owners are strictly liable for injuries caused by their dogs during an attack.
Only a small percentage, approximately 3%, of personal injury cases go to trial as the majority are settled before reaching the courtroom. However, court involvement typically occurs when there is disagreement over-compensation or when the defendant denies liability due to disputes over the facts of the incident.
Dangerous Dog Breeds To Be Aware Of
Effective control must be maintained over all dogs. Furthermore, specific breeds, including the following are subject to additional regulations under the Control of Dogs Regulations 1998.
- American Pit Bull Terrier,
- English Bull Terrier,
- Staffordshire Bull Terrier,
- Bull Mastiff,
- Doberman Pinscher,
- German Shepherd (Alsatian),
- Rhodesian Ridgeback,
- Rottweiler,
- Japanese Akita,
- Japanese Tosa,
- Any dog commonly referred to as a Ban Dog (or Bandog),
In public places, these dogs must be kept on a sturdy leash that that does not exceed 2 meters in length. The person responsible for the dog must be at least 16 years old and capable of handling it. Additionally, each dog must be securely muzzled and controlled.
Who Is Liable?
Dog owners play a vital role in preventing incidents and ensuring the safety of others. Important preventive measures include socialization and training. Dog owners must comprehend their dog’s strength and ensure their pet is well-trained, and manageable before taking them into public spaces. If they fail to control their dog properly, it can result in serious injuries that can have both physical and psychological effects on the individuals involved, potentially posing life-threatening risks.
Dog owners can be held legally responsible for injuries caused by their dogs, with consequences such as financial compensation and legal penalties. By taking these measures and understanding their responsibilities, dog owners promote safer interactions and enhance their own and their pet’s well-being and reputation.
If You Experience A Dog Bite, What Actions Should You Take?
Dog bites can have significant physical, psychological, and emotional impacts on the victim, influencing the compensation claim. Injuries can range from minor wounds to severe damage, requiring medical treatment and possibly leading to scarring. Victims may experience trauma, PTSD, anxiety, and depression, impacting their daily life and relationships.
Compensation may cover medical expenses, pain and suffering, loss of income, and necessary life adjustments. Consulting one of our specialized personal injury lawyers is crucial to build a strong claim considering the full extent of physical, psychological, and emotional harm endured.
In order to pursue compensation through a dog bite lawsuit, it is necessary to establish two key elements: Firstly, you must demonstrate that you suffered an injury as a result of a dog bite, and secondly, you must establish that the owner of the dog should be held responsible for the harm you experienced.
To bring a claim after being bitten by a dog, it is important to follow these steps:
- Seek medical attention promptly.
- Report the incident to the Gardai.
- Identify the dog owner and ensure they have owners’ insurance or be covered by a household policy.
- Take immediate photos of your injury.
- Document the healing process with photos.
- Keep any clothing worn during the attack (preferably unwashed).
- Maintain a written record of the attack’s specific details.
- Collect contact information from available witnesses.
- Obtain a formal medical record from your doctor or the treating hospital.
However, the typical dog owner is often a private individual without sufficient insurance coverage. If the plaintiff succeeds in their case, the dog owner may be personally responsible for paying the compensation. This can prove to be challenging as the individual may lack the financial resources to fulfil their legal obligation, leading to what is known as the “Man of Straw” doctrine.
After these steps have been followed advanced procedures may include:
- An initial consultation with a solicitor, lodging the claim,
- Gathering the evidence noted in the steps above,
- Negotiation with the dog owner or their insurance company,
- A potential trial if a settlement cannot be reached.
The solicitor assesses the claim’s viability, helps file legal documents, collects evidence, negotiates for fair compensation, and represents the victim in court if necessary. The specific details and duration may vary, but a skilled solicitor supports the victim throughout, providing guidance and advocating for their rights.
Common Dog Attack Claims And General Information
If you’ve suffered injuries from a dog attack, our specialized solicitors can assist you in making a claim. Whether the dog was aggressive, untrained, dangerous, uncontrolled, invited for interaction, or unaccompanied during the attack, we are here to help you seek compensation for your injuries. Here are some examples of previous claims that have been made.
Bite injuries
Claims for physical harm caused by a dog’s bite, resulting in wounds, scarring, and disfigurement.
Knockdown injuries
Claims arising from a person being knocked down or jumped on by a dog, leading to injuries like fractures, sprains, or concussions. These can include incidents involving cyclists being attacked by dogs on the road.
Injuries on private property
Claims for injuries resulting from dog bites on private property, involving tradespeople, delivery workers, care workers, postal workers, and others.
Claims generally have a two-year time limit from the incident date. However, for child injuries, the claim can be made any time before they turn 18, and an additional two-year period begins when they reach 18 years old.
For more information about the eligibility of your claim, contact one of personal injury experts by calling +353 1 649 9900, our emailing your query to: ask@traceysolicitors.ie.
Visit; Compensation Claims Estimator | Tracey Solicitors LLP for an estimation on the claim you could receive for your loss.
What to do after an accident in a public place*?
Following an accident in a public place, there are a number of steps you should follow:
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Seek medical attention
Your health is your wealth and should be your first priority. Immediately after a public place accident, take a second to assess yourself to determine if you have any injuries and seek the relevant medical attention. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
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Report the accident
If you have an accident in a public place it is important to report it to the persons who are in charge of the upkeep of property.
Examples of such are:
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Identify any witnesses
If possible, try to collect the contact details of anybody that witnessed the accident. This may be of good use if you do decide to pursue a public place accident claim. It is also useful to find out if there is any CCTV in the area where the accident happened.
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Document the incident
It is important that you collect all the relevant information in connection with your accident:
- How the accident happened
- Details of any witnesses
- If there are any CCTV recordings of the accident
- Take pictures of where the accident happened and what caused you to slip, trip or fall
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Speak to a public place accident solicitor
If you are considering moving forward with a public place accident claim for any personal injuries sustained it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A public place accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.