If you or a member of your family have been bitten by a dog what can you do legally and can you claim compensation in Scotland for dog bite or animal attack injuries?
What the Animals Act says is that if the animal belongs to a species whose members are likely to injure severely or kill persons or animals or damage property then the owner is liable. The Act goes on to say that a dog is in the category where the animal might injure severely or kill persons or animals by biting or savaging them.
So what this means is that if you are attacked or bitten by a dog under the Animals Act provided that you can find out who is the keeper of the animal you will be able to claim compensation from them. What you will need to check is that they have insurance.
Most house owners will have house insurance which should cover them against third party claims. This would mean that the insurance company would deal with a claim and pay any compensation.
We are specialists in dog bite and animal accidents and you should contact us for free advice on 01312255214.
Whilst the Act provides what law calls “strict liability” i.e. automatic responsibility if you have a dog bite, this doesn’t apply to other animals.
Between April, 1996 and March, 2006, 46 incidents involving cattle and members of the public were investigated by the HSE across Britain. Seven resulted in death. Almost all the incidents were in fields and enclosed areas. The most common factors are cows with calves and walkers with dogs.
Unlike dogs there is no automatic liability for cattle bites, attacks or damage.
A common type of road traffic accident is where a car collides with an animal on the road.
In 2007 Mr. Davidson’s car was damaged in an accident where he was driving along a single carriageway road and found a bull in front of him. The vehicle collided. He sued the farmer for compensation arguing that he was careless in allowing the bull to escape from the barn. The Court agreed there wasn’t a strict duty to prevent animals being on the roadside and in this case the bull had escaped from the barn by bursting through its gate and entering the paddock. The animal had therefore been in a locked place and although there could have been extra measures to keep the bull securely in the barn the farmer’s actions weren’t sufficient for the Court to say he had been careless.
There can be situations where a farmer has not taken sufficient steps to pen his animals which then cause damage and expert advise can be given by Lawford Kidd should you have a vehicle damaged by an animal.
Contact Lawford Kidd for expert legal advice on all aspects of dog bite and accident claims. For free initial advice from expert personal injury lawyers contact us 01312255214.
The Sun on 9th September, 2010 published the story of the shaken 11 year old schoolgirl who said she feared she would die in a terrifying dog attack. The Sheriff awarded the vicious animal to be put down.
The attack was from a Boxer which mauled the girl’s leg as she cradled her Jack Russell puppy.
The youngster needed eighteen stitches and may have scarring for life. The owner was fined £300 in the Sheriff Court and the dog was put down.
Scots Law provides a remedy in this type of situation to allow you to claim compensation. The Animals (Scotland) Act 1987 makes the keeper of an animal automatically liable to compensate you in certain circumstances. This Act is extremely helpful in allowing you to pursue a claim provided you can find the keeper and they have insurance.
Contact our 'no win, no fee' lawyers based in Scotland today on 01312255214, or fill out our online enquiry form here – we’ll call you straight back at a time that suits you