A Dog Has Bitten Me: Who Can I Make a Claim Against?

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Being bitten or attacked by a dog can be a traumatic experience, leaving victims with painful physical injuries, psychological distress, and, in some cases, long-term scarring. One of the first questions many people ask is: “Who can I make a claim against?”

The answer depends on the circumstances of the attack. In many cases, compensation is available, but identifying the correct defendant is crucial. This article explains who may be legally responsible, the role of insurance, and the laws that could apply to your claim.

Can I Claim Against the Dog Owner?

In most cases, the first person to consider is the dog’s owner or the person responsible for controlling the dog at the time of the incident.

A claim may arise where the owner failed to take reasonable steps to prevent the attack. Examples include:

• Allowing a dog known to be aggressive to roam freely.
• Failing to keep a dog on a lead where appropriate.
• Losing control of a dog in a public place.
• Ignoring previous incidents or warnings about the dog’s behaviour.

Depending on the circumstances, the owner may be legally liable for the injuries and losses you have suffered.

What If Someone Else Was Looking After the Dog?

Liability is not always limited to the registered owner.

If a family member, friend, dog walker or professional boarding service had responsibility for the dog when the attack occurred, they may also owe a duty of care to others.

Each case will depend on who had control of the dog at the relevant time and whether they acted reasonably to prevent foreseeable harm.

Can I Claim Against a Property Owner?

Sometimes a dog attack occurs on private property, such as someone’s home, business premises or rented accommodation.

In certain circumstances, the occupier of the premises may also owe legal duties to visitors under the Occupiers’ Liability Act 1957. This legislation requires occupiers to take reasonable care to ensure lawful visitors are reasonably safe while on their premises.

For example, issues may arise where:

• A visitor is invited onto premises knowing an aggressive dog is present.
• Adequate warnings are not provided.
• A dangerous dog is allowed access to areas where visitors are expected.

Whether an occupier is liable will depend on the individual facts, including whether the risk was foreseeable and whether reasonable steps were taken to protect visitors.

Where someone is injured while trespassing, the Occupiers’ Liability Act 1984 may also be relevant, although claims under this legislation are generally more limited.

Does the Dangerous Dogs Act Mean I Automatically Receive Compensation?

Not necessarily.

The Dangerous Dogs Act 1991 makes it a criminal offence in certain circumstances for a dog to be dangerously out of control. Criminal proceedings may be brought against the owner, but a criminal prosecution does not automatically result in compensation for the injured person.

A civil personal injury claim is separate and focuses on recovering damages for injuries, financial losses and other consequences of the attack.

Evidence from any criminal investigation may, however, assist a civil claim where appropriate.

The Importance of Insurance

Many people worry that making a claim means personally pursuing an individual. In reality, compensation is often paid by an insurer rather than directly by the dog owner.

Depending on the circumstances, insurance may include:

Dog Insurance

Many pet insurance policies include public liability cover, which can protect if a dog causes injury to another person.

Where such cover exists, the insurer may handle the claim and pay compensation on the policyholder’s behalf, subject to the policy’s terms.

Home Insurance

Some home insurance policies include personal liability cover for incidents involving pets owned by members of the household.

This means that even where a dog owner does not have specialist pet insurance, there may still be insurance available to respond to a claim.

Identifying the existence of insurance can be an important part of the claims process and is something your solicitor will investigate where appropriate.

What If There Is No Insurance?

The absence of insurance does not necessarily prevent a claim.

A claim may still be brought against the individual responsible for the dog. Whether compensation can ultimately be recovered will depend on various factors, including the defendant’s financial circumstances and the facts of the case. However, firms may not be willing to act where there is no viable insurer to pursue a claim against. 

A solicitor can advise you on whether pursuing a claim is likely to be worthwhile.

What Can You Claim Compensation For?

If liability is established, compensation may include:

• Pain, suffering and loss of amenity.
• Psychological injuries, including anxiety or post-traumatic stress disorder.
• Scarring and cosmetic injuries.
• Loss of earnings.
• Medical treatment and rehabilitation costs.
• Care and assistance provided by family members.
• Future financial losses where injuries have long-term consequences.

Every claim is assessed on its own facts, taking into account the nature of the injuries and their impact on your life.

What Should You Do After a Dog Bite?

If you have been attacked by a dog, you should:

• Seek medical attention as soon as possible.
• Report the incident to the police where appropriate, particularly if the dog posed a danger to others.
• Obtain the owner’s name and contact details if possible.
• Take photographs of your injuries, the location and, where safe, the dog involved.
• Obtain details of any witnesses.
• Keep records of medical treatment, expenses and any time off work.

The earlier evidence is gathered, the easier it may be to establish liability.

How Can a Solicitor Help?

Determining who is legally responsible following a dog attack is not always straightforward. There may be multiple potential defendants, questions over who had control of the dog, and issues surrounding insurance cover.

An experienced personal injury solicitor can investigate the circumstances, identify the appropriate defendant, obtain evidence, and advise on the best route to securing compensation.

Conclusion

If a dog has bitten or attacked you, the person responsible is not always simply the dog’s owner. Depending on the circumstances, liability may rest with the owner, the person in control of the dog, or, in some cases, the occupier of the property where the incident occurred. Insurance, whether through pet insurance or home insurance, often plays an important role in ensuring compensation can be paid.

If you have suffered injuries following a dog attack, obtaining early legal advice can help clarify who may be responsible and whether you have grounds to pursue a personal injury claim.