Dog attacks can lead to lifelong physical or psychological deterioration in the person. You’ve probably heard the phrase “I was attacked by a dog when I was little, so I’m scared” from people who are afraid of dogs. This is an example of a lifetime of psychological damage. Apart from that, the extent of the physical damage can be quite large. Unfortunately, these personal injuries from dog bites are quite common.
If you are attacked by a domestic animal while under someone else’s care, you may be eligible for public liability compensation, depending on the severity of your injuries and impairment. Domestic animals must be registered under the law, and their owners must take reasonable care to prevent the animal from harming others. If a dog rushes at, attacks, bites, harasses, or chases a person or another animal, it is considered a crime. If the animal was not contained and you were injured physically or psychologically, you may be entitled to compensation for public negligence.
So, what is an attack?
The attack is defined in section 3 of the Law as follows:
- aggressively attack or harass any person or animal; or
- bite a person or animal or otherwise cause physical injury; or
- tearing the attacked person’s clothing or otherwise damaging his property; or
- Attempting to attack or behaving in a way that causes a reasonable person to fear physical injury.
Of course, for the attack to be subject to compensation; The dog’s aggressive behaviour must not be justified for any reasonable reason.
Common injuries resulting from dog bites
Some of the common injuries from dog bites include:
- Facial injuries
- any deterioration in the body
- Deep injuries on the leg
- Any scars
- loss of body parts (finger, ear, nose, etc.)
- In some cases, if the attacking animal is feral, the extent of the injury can be life-threatening
These are the common problems encountered. As mentioned earlier, the circumstances and consequences of each event are different. Therefore, if the injury you suffered is not mentioned here, it is not a problem. However, the compensation to be received should be determined in consultation with a lawyer who is specialised in the field.
Who is liable for your injuries because of a dog bite?
Domestic animals shall be registered by their owners and kept in a manner that prevents the animal from attacking someone else, according to the Companion Animals Act of 1998. If a dog on your property escapes, you could be prosecuted with public negligence and fined. Owners are required to take care for their companion animals and may face jail time if they fail to do so.
But a claim cannot be initiated in the following circumstances:
- Animals that have been provoked, harmed, attacked, or teased.
- Trespassing on someone’s property and being attacked by an animal on the premises
- Animal defending a person or property in a fair manner
So, if you are the owner of the dog, for what behaviour will you be considered responsible?
The owner of the dog is liable for damages in the following cases:
- If the dog wanders on its own without an owner and in that time harms someone
- If the dog hurts another person while being walked off-leash in a public place requiring a leash
- If the owner of the dog loses control of his dog
- If the owner has bred the dog to cause direct harm to others
- It doesn’t matter if the dog you own has attacked someone or if a dog has attacked you. In either case, you should be aware of both your rights and responsibilities.
What can you claim in dog bite compensation?
If you have been injured or have lost your earning capacity, you may be able to recover your losses through compensation. You may be entitled to public liability compensation for past and future economic loss, pain, and suffering, medical expenditures, loss of earning capacity, and domestic support. The owners of these companion animals are accountable for any harm to another person under the Companion Animals Act if the animal was not provoked or guarding the owner’s property.
So, how is compensation calculated?
Depending on the injuries suffered from the dog bite, the compensation is calculated as follows: First of all, the daily routine life before the dog bite injury is determined. Then the changes that occurred after the dog bite are listed. Compensation is determined as the monetary equivalent of the difference between them.
What should you do if you are attacked by a dog?
You can report the attack to the local council and seek prompt first assistance, regardless of whether it happened on public or private land. You can schedule a consultation with a lawyer and file a public liability compensation claims if you believe the dog’s owner was careless. If you have significant injuries and are losing bodily capabilities, you should gather documentation that show your earning capacity as well as your health capacity. Any invoices related to your health-care bills and financial losses will also be required. Payslips and documents relating to your pre-injury income may also be required.
Do you need a lawyer for dog bite compensation?
Individual claims can be filed, but the aftermath of a dog attack can be exhausting and stressful. It will undoubtedly be more profitable for you to hire a lawyer. It is best to hire a lawyer to handle such matters because they have the necessary knowledge and experience. To learn more, go to withstandlawyers.com.au. The firm provides high-quality legal services at a reasonable cost. Aside from that, you can take advantage of their experience to acquire the reimbursement you deserve.
To avoid being undercompensated, personal injury claims should be handled by a lawyer who specialises in public liability claims. You may concentrate on getting healthy while your lawyer handles the interactions with the other party’s insurer and assists you in obtaining the required documentation to back up your claim. If you are hesitant to hire a lawyer due to financial concerns, you can always choose an experienced personal injury lawyer that works on a no-win no-fee basis. A lawyer that works on a no-win no-fee basis will only charge you if you are successfully compensated.