If you have been injured and want to speak to one of National Accident Helpline’s staff, call 0800 376 0150. Alternatively visit www.national-accident-helpline.co.uk.
The consequences of being bitten by a dog can be horrific.
Even beyond the trauma and difficulties caused by injury, it is the kind of
attack – most commonly occurring when the victim is cycling or walking, which
can have lasting psychological effects.
Dogs can be unpredictable and can be extremely violent.
Because of this, dog owners have a responsibility to ensure that their dogs are
properly controlled. Failing to properly control a dog can lead to real
tragedy.
A person who suffers an unprovoked attack by a dog can
therefore make a personal
injury claim – and should do for two main reasons.
Firstly, a person can justly expect to be compensated for
lack of earnings or medical care that might be needed as a result of an injury
they received from a dog bite or attack.
Secondly, the threat of a compensation
claim will act as a deterrent to dog owners and help to maintain the
standard of responsibility necessary to own dogs.
In 1990 and 1991 there was a spate of dog attacks that
received widespread media coverage and led to public outrage. As a result,
Government introduced a new piece of legislation, the Dangerous Dogs Act.
The legislation stipulated that owners of the certain breeds
of dog (Pit Bull Terriers, Japanese Tosa, Dogo Argentino and Fila Braziliero)
had to meet strict requirements.
These included keeping the dog muzzled and on a lead at all
times in a public place, registering their dog on the Index of Exempted Breeds,
getting them micro-chipped, tattooed and insured.
Under the legislation, any injury caused by these exempted
breeds will lead to compensation being payable even if the dog showed no
previous signs of aggression.
The use of guard dogs is also strictly regulated. It is
illegal for a guard dog to be present unless a handler capable of controlling
the dog is also present. It is also illegal to use a guard dog unless it is
signed in the area that a dog is patrolling. If a business fails to follow
these laws and the dog attacks, they can expect a compensation claim to be
made.
There are other, less common, situations when someone may
receive an injury as a result of a poorly controlled dog – for example a car
accident caused by a stray animal running onto the road.
Again, such an accident can lead to injuries that make some
form of financial remuneration more than justified.
Still many people balk at the prospect of making a claim. Navigating
the claims process can be daunting, but it is important to remember that the
compensation claims system is in place for a reason – and the principal of
access to justice is important.
The first step to making a claim is speaking to a trained
person who can advise as to whether your claim is worth pursuing. This can be
done easily. At National Accident Helpline, call centre staff can tell you whether they think you
should speak to a solicitor. They can then put you in touch with one in your
area to progress your claim.
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