Dog Attacks on the Rise: What You Need to Know about Making a Compensation Claim

According to the RSPCA there are over 6 million dogs in Australia and nearly 50% of households have a dog.

A recent news story on Channel 7 Adelaide suggested that dog attacks are on the rise.

While the Minister in the Channel 7 story suggests that there are warning signs before a dog attacks someone, our experience is that while sometimes dogs provide a warning before attacking someone, dog attacks are often unprovoked, without warning and devastating to the person attacked.

If a dog attacks someone, then that person may be entitled to pursue a claim for compensation.

Section 66 of the Dog and Cat Management Act 1995 (SA) provides:

(1) The keeper of a dog is liable in tort for injury, damage or loss caused by the dog.

(2) It is not necessary for the plaintiff to establish—

(a) negligence; or

(b) knowledge of the dog's vicious, dangerous or mischievous propensity.

This means that the injured person does not need to prove that the dog keeper or dog owner is at fault for the dog attack. Instead, the injured person must prove that there was a dog attack and that the dog attack caused the injury, damage or loss.

The amount of compensation someone injured in a dog attack may be entitled to depends on the specifics of their case. Typically, injuries that cause an adverse effect on someone’s capacity to work and/or their capacity to do their domestic chores attract a higher amount of compensation, though not always.

To pursue a compensation claim does not require disciplinary action to be taken against a dog. However, if a person injured in a dog attack wishes for disciplinary action to be taken against the dog keeper and for steps to be taken against the dog, then the injured person should report the dog attack to the local council where the dog is registered.

If you have been injured in a dog attack, particularly if the injuries have an effect on your ability to work and/or do your usual household chores, contact MKF Lawyers by telephone on 08 7093 2998 or by email at info@mkflawyers.com.au for a free consultation to discuss making a compensation claim.

For more information about making a dog attack claim, visit our webpage at Dog Attack | MKF Lawyers Adelaide.

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