A dog bite in a park or public place can happen without warning. One moment you may be walking through a park, along a pavement or across a shared open space, and the next you are dealing with an injury, medical treatment and uncertainty about what to do.
If you have been bitten or attacked by a dog, establishing who was responsible and obtaining evidence as soon as possible can make an important difference to a potential dog bite compensation claim.
Who may be liable for a dog bite in a public place?
The fact that an attack happened in a park or other public area does not prevent a compensation claim.
Claims involving dogs can be brought under the Animals Act 1971 and, depending upon the circumstances, the law of negligence. Section 2 of the Animals Act contains specific requirements governing when a keeper can be liable for damage caused by an animal that does not belong to a dangerous species. Liability therefore depends on the particular facts and should be assessed carefully.
This may include considering:
- who owned or was responsible for the dog;
- who had charge of the dog when the incident happened;
- whether the dog was properly controlled;
- what was known about the dog’s previous behaviour;
- the circumstances immediately before the attack; and
- whether witnesses, CCTV, photographs or previous incidents can provide supporting evidence.
There can also be criminal consequences when a dog is dangerously out of control. The law applies to all dogs, and a dog can be considered dangerously out of control where it injures someone or causes someone to worry that it might injure them.
Importantly, however, a criminal investigation and a civil compensation claim are separate matters.
Identifying the dog’s keeper
People sometimes assume that they cannot make a claim because they did not obtain the dog owner’s full details at the scene. Do not assume that this brings the matter to an end.
If possible, record:
- the owner’s or handler’s name and contact details;
- the dog’s description;
- the exact location, date and time;
- names and contact details of witnesses;
- photographs of the location and injury; and
- details of any police or local authority report.
For example, if an unfamiliar dog runs across a park and bites a walker before its handler leaves, descriptions provided by witnesses and nearby CCTV may become particularly important.
What should you do after a dog bite?
- Your health comes first. Obtain appropriate medical treatment and make sure there is a record of the injury.
- Keep photographs showing how the injury develops and retain evidence of financial losses, such as lost earnings, travel expenses and treatment costs. Report a dangerously out-of-control dog to the police where appropriate. GOV.UK also directs people to report out-of-control dogs.
- Do not delay in obtaining legal advice. For most personal injury actions in England and Wales, the general limitation period is three years from the date the cause of action accrued or the injured person’s date of knowledge, if later, although different rules can apply in some circumstances.
Speak to our dog bite claims team
Ison Harrison’s trusted, expert personal injury solicitors can investigate the circumstances of a dog attack, consider who may be legally responsible and advise whether there are reasonable prospects of bringing a claim.
We have experience pursuing personal injury compensation claims and can advise about funding, including whether your case can be handled on a no win, no fee basis. With offices across Yorkshire and beyond, including Leeds, specialist help is accessible when you need it.
For a review and assessment of your dog bite claim get in touch with us today:
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Elizabeth West, a partner in the dog bite injury team at Ison Harrison Solicitors.
