What If a Dog Bite Aggravates a Pre-existing Condition?
Dog bites can cause severe physical and psychological harm, but what happens if an attack worsens an injury or condition, you already had? If you have a pre-existing medical issue, such as arthritis, nerve damage, PTSD or similar, or a previous injury, and such is made worse by a dog attack and you, you may still be entitled to compensation. Here’s what you need to know about making a claim.
Can You Claim Compensation If a Dog Bite Worsens an Existing Injury?
Yes. Under English law, a dog owner can be held liable for a bite injury, even if the victim had an underlying condition that was worsened by the attack. This principle falls under the “eggshell skull” rule, meaning the defendant must take the victim as they find them. If a minor bite would have caused little harm to a healthy person but has devastating effects on someone with a pre-existing condition, the dog owner may still be responsible for the full extent of the injury.
Common Pre-Existing Conditions That Can Be Aggravated by a Dog Bite
A dog bite can trigger or worsen various medical conditions, including:
- Arthritis or Joint Problems – A bite or fall caused by a dog attack may exacerbate chronic pain or mobility issues.
- Nerve Damage – A bite can further damage already compromised nerves, increasing pain, numbness, or loss of function.
- Weakened Immune System – If you have diabetes or an autoimmune disease, a bite could lead to severe infections or complications.
- Psychological Conditions – Anxiety, PTSD, or phobias may be worsened, especially if you have a history of trauma.
Legal Considerations: Will a Pre-Existing Condition Affect Your Claim?
A common defence in dog bite claims is that the injury would not have been as severe if the victim were in perfect health. However, this argument does not necessarily prevent you from claiming. The key legal principles at play include:
The Animals Act 1971
Under Section 2 of the Animals Act 1971, an owner can be liable if the dog’s behaviour was likely to cause injury and they were aware of the risk. The presence of a pre-existing condition does not remove their responsibility.
Negligence and Strict Liability
If the owner knew the dog had aggressive tendencies or failed to control it, they could be liable for the full extent of the injury, even if your condition made the harm worse than expected.
The Eggshell Skull Rule
This long-standing legal principle ensures that defendants cannot argue that the victim’s vulnerability reduces their liability. If a dog bite turns a manageable condition into a serious disability, compensation can still be awarded.
How Much Compensation Could You Receive?
The amount of compensation depends on:
- The severity of your injuries
- The impact on your daily life
- Medical expenses and rehabilitation costs
- Loss of earnings if you are unable to work
- Psychological suffering
Cases involving aggravated conditions often result in higher compensation due to increased pain, long-term effects, and additional medical needs.
What Should You Do If a Dog Bite Worsens an Existing Condition?
- Seek Immediate Medical Attention – Ensure that all injuries, including any aggravation of a pre-existing condition, are documented by a doctor.
- Report the Incident – Inform the police or local dog warden.
- Gather Evidence – Take photos of injuries, obtain witness statements, and keep records of medical treatment.
- Seek Legal Advice – A solicitor specialising in dog bite claims can assess your case and guide you through the process.
Conclusion
A pre-existing condition should never stop you from claiming compensation for a dog bite injury. If an attack has worsened your health, you have the right to seek damages for the full extent of the harm. Legal principles, including the Animals Act 1971 and the eggshell skull rule, protect victims from being penalised for their vulnerabilities.
If you or someone you know has suffered due to a dog bite, get in touch with us today:
- call: 0113 2247851
- email: [email protected]
- fill in the contact form on this page
You may be entitled to significant compensation for your suffering and losses.
