Animal Attacks – Who is at Fault?
Getting attacked by an animal can be a traumatising experience, capable of inflicting severe physical and psychological injuries. If you were attacked due to someone else’s negligence, you may be able to make a claim for compensation under public liability law. Whether a claim is likely to be successful depends on the circumstances of each case.
These kinds of claims are most commonly made against a dog owner when their dog attacks someone. A circumstance where the owner may be considered negligent is if the dog was not properly secured in a property or on a leash. If the animal attack leads to death, dependants may also be able to claim compensation.
What Can I Claim After an Animal Attack?
No two animal attacks and related claims for compensation are the same. You may be able to claim for a range of physical and psychological injuries and losses, including loss of income, and past and future costs you may incur. Some of the things you may be able to claim include:
- Medical, rehabilitation and hospital expenses
- Pain and suffering
- Loss of enjoyment of life
- Home help and nursing provided by anyone if it meets certain conditions
The best approach is to get in touch with an experienced compensation lawyer to assess your legal options.
Restricted Breeds of Dogs
Dog attacks are treated very seriously, with punishments for owners including huge fines up to $30,000 and imprisonment. The owner can be held responsible for a dog attack even if they are not present at the time. The law requires permits for dogs categorised as restricted dogs, which includes breeds such as American pit bulls and Japanese tosas and other dogs declared dangerous or menacing.
Owners of restricted dogs are obligated to ensure their dog is:
- Wearing an identification tag
- Kept appropriately enclosed with a warning sign
- Kept under control
- Muzzled in public
Dogs that attack can be seized and destroyed by local council at the owner’s expense. Negligent owners can face up to 10 years in jail for “conduct leading to an attack”. They could even be charged with manslaughter if someone is killed.
Need Advice Regarding Public Liability Claims in Queensland?
If you’ve been attacked by an animal on private property or in public due to someone else’s negligence, you should contact an experienced compensation lawyer to evaluate your case and determine whether you are eligible for compensation. The process of making a claim is complex and subject to time limits, so it’s important to act quickly.
If you need a qualified lawyer in Brisbane or the Gold Coast, get in touch with the team at Dwyer Law Group. We have more than 30 years of experience dealing with a variety of claims for compensation. Contact us online or call us on 07 5610 5277 and ask about our ‘No Win, No Fee’ policy.