What is the law if a dog bites someone UK?

Table of Contents

The law in the UK dictates that owners are responsible for their dogs’ behaviour and can face criminal and civil penalties if their dog bites someone, even if the dog has never shown aggression before. This is governed primarily by the Dangerous Dogs Act 1991 and common law negligence principles.

Introduction: Dog Bites in the UK – A Legal Minefield

Dog bites are a serious issue in the UK, causing physical and emotional trauma to victims. Understanding the legal framework surrounding dog attacks is crucial for both dog owners and individuals who have been bitten. The laws are complex and can be difficult to navigate without proper knowledge. This article aims to clarify what is the law if a dog bites someone UK?, providing a comprehensive overview of the relevant legislation, potential liabilities, and recourse available to victims.

The Dangerous Dogs Act 1991: A Key Piece of Legislation

The Dangerous Dogs Act 1991 is a cornerstone of UK law relating to dog bites. It was introduced to address concerns about specific breeds deemed inherently dangerous and to provide stricter penalties for irresponsible dog ownership.

Banned Breeds: The Act prohibits the possession of certain breeds, including the Pit Bull Terrier, Japanese Tosa, Dogo Argentino, and Fila Brasileiro. Owning one of these breeds is a criminal offense, regardless of whether the dog has bitten anyone.
Control Orders: The Act allows courts to issue control orders requiring owners to take specific steps to manage their dog’s behaviour, such as keeping the dog muzzled in public or attending training classes.
Destruction Orders: A court can order the destruction of a dog if it is deemed dangerous or if it belongs to a banned breed.
Section 3: This section is crucial and addresses offences relating to dogs being dangerously out of control. It applies whether the injury sustained is directly from a bite or indirectly such as the victim being knocked over by the dog.

Negligence: A Common Law Route to Compensation

In addition to the Dangerous Dogs Act 1991, victims of dog bites can pursue claims under common law principles of negligence. This means that a dog owner can be held liable if their negligence contributed to the incident.

To establish negligence, the claimant must prove that:

The dog owner owed them a duty of care.
The dog owner breached that duty of care.
The breach caused the claimant to suffer injury or loss.

Examples of negligence include:

Failing to keep a dog properly secured.
Allowing a dog known to be aggressive to roam freely.
Not providing adequate training to a dog.

Proving Liability: Evidence and Witnesses

Establishing liability in a dog bite case often requires gathering evidence and presenting witnesses. Evidence may include:

Medical records documenting the injuries sustained.
Photographs of the injuries and the location where the bite occurred.
Statements from witnesses who saw the incident.
Police reports documenting the incident.
Evidence of the dog’s past behaviour, such as previous bite incidents.

Penalties and Compensation: Justice for Victims

Dog owners found liable for dog bites can face a range of penalties, including:

Criminal prosecution under the Dangerous Dogs Act 1991.
Fines.
Imprisonment.
Control orders requiring specific measures to manage the dog.
Destruction order for the dog.

Victims of dog bites are often entitled to compensation for their injuries and losses. This compensation may cover:

Medical expenses.
Lost income.
Pain and suffering.
Emotional distress.
Property damage.

The Importance of Reporting Dog Bites

It is crucial to report dog bites to the appropriate authorities, such as the police or local council. Reporting can help prevent future incidents and ensure that dangerous dogs are properly managed. Reporting also creates an official record of the incident, which can be valuable in pursuing a legal claim.

Defenses Available to Dog Owners

While the law places significant responsibility on dog owners, there are certain defenses they can raise in dog bite cases. These may include:

Self-defense: If the victim was attacking or threatening the dog or its owner, the owner may argue that the dog acted in self-defense.
Trespass: If the victim was trespassing on private property when the bite occurred, this may reduce the owner’s liability.
Contributory negligence: If the victim’s own actions contributed to the incident, this may reduce the amount of compensation they receive.

Table: Key Differences Between Criminal and Civil Claims

Feature	Criminal Claim (Dangerous Dogs Act)	Civil Claim (Negligence)
——————	—————————————————————————–	————————————————————————————-
Purpose	Punishment of the dog owner, protection of the public.	Compensation for the victim’s injuries and losses.
Burden of Proof	Beyond a reasonable doubt.	On the balance of probabilities (more likely than not).
Outcome	Fines, imprisonment, control order, destruction order.	Monetary compensation.
Initiated by	Police or local authority.	The victim or their legal representative.
Focus	The dangerousness of the dog and the owner’s culpability under the Act.	The owner’s negligence and the resulting harm to the victim.

Conclusion: Navigating the Legal Landscape

Understanding what is the law if a dog bites someone UK? is essential for both dog owners and potential victims. The Dangerous Dogs Act 1991 and common law negligence principles provide a framework for addressing dog bite incidents and ensuring that responsible parties are held accountable. Victims of dog bites have the right to seek compensation for their injuries and losses, and it is crucial to seek legal advice to navigate the complex legal landscape. Dog owners should take proactive steps to prevent dog bites by providing adequate training, keeping their dogs properly secured, and being aware of their dog’s behaviour.

Frequently Asked Questions (FAQs)

What happens if my dog bites someone on my property?

If your dog bites someone on your property, you could be held liable under both the Dangerous Dogs Act and common law negligence. The specific circumstances of the incident will be considered, including whether the person was invited onto your property or was trespassing, and whether you took reasonable steps to prevent the bite.

Can I be prosecuted even if my dog has never bitten anyone before?

Yes, you can still be prosecuted under the Dangerous Dogs Act if your dog is dangerously out of control, even if it has never bitten anyone before. The Act focuses on the potential for harm, not just actual harm.

What constitutes “dangerously out of control”?

A dog is considered “dangerously out of control” if it causes injury or makes someone fear that it will cause injury. This could include biting, attacking, or simply acting aggressively in a way that reasonably causes fear.

What if the person bitten provoked my dog?

Provocation can be a factor in determining liability. If the person provoked the dog, this might reduce or eliminate your liability. However, the level of provocation and the dog’s reaction will be carefully considered.

Does pet insurance cover dog bite claims?

Many pet insurance policies provide coverage for third-party liability claims, including dog bite claims. However, the terms and conditions of each policy vary, so it’s essential to review your policy carefully.

What if I can’t afford a solicitor?

Legal aid is not typically available for civil claims such as dog bite cases. However, you may be able to obtain assistance from a ‘no win no fee’ solicitor, where you only pay legal fees if your claim is successful.

How long do I have to make a claim after a dog bite?

Generally, you have three years from the date of the incident to make a claim for personal injury. However, if the victim is a child, the three-year period starts from their 18th birthday.

What is the difference between a control order and a destruction order?

A control order imposes specific requirements on the dog owner, such as keeping the dog muzzled or attending training classes, to prevent future incidents. A destruction order requires that the dog be euthanized.

If my dog bites someone, will it automatically be put down?

No, not necessarily. The court will consider all the circumstances of the case before deciding whether to order the destruction of the dog. Factors such as the severity of the bite, the dog’s past behaviour, and the owner’s culpability will be taken into account. The court’s primary concern is public safety.

What should I do immediately after my dog bites someone?

First, ensure the injured person receives immediate medical attention. Secure your dog and prevent further incidents. Exchange information with the injured party and report the incident to the police and your local council. It’s crucial to be honest and cooperative.

Can I be held liable if my dog bites someone while in the care of a dog walker or kennel?

Potentially, yes. While the dog walker or kennel may also bear some responsibility, you, as the owner, are still ultimately responsible for your dog’s actions. The specifics of the arrangement with the dog walker or kennel will be considered. The key factor is whether you were negligent in selecting or instructing them.

What happens if the owner cannot be identified?

If the dog owner cannot be identified, it can be difficult to pursue a claim for compensation. However, if the incident occurred on public land, you may be able to pursue a claim against the local authority if they were negligent in maintaining the area. You should always report the incident to the police as they can use their resources to try to identify the owner.