Dogs can be potentially dangerous animals and being bitten by a dog is a serious matter and can have lasting effects.
There are statutory provisions in place to ensure an owner of a dog is found responsible in the event of a bite or attack by dogs.
The law governing dog bites and attacks from dogs is governed by the Animals (Scotland) Act 1987.
When the Act applies, the defender is found liable without having to prove negligence, ie strict liability applies. In most cases, the defender will be the keeper of the animal. The keeper of the animal can be one of three things defined under section 5 of the Act:-
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the Owner of the Animal - even if the animal has been abandoned or has escaped;
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the Person in Possession of the Animal - again even if the animal has been abandoned or has escaped;
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a person with actual care and control of a child under the age of 16 who is the owner of has possession of the animal.
For an animal to fall under the scope of the Act, Section 1 states that the animal must be of a species whose members generally are by virtue of their physical attributes or habits likely (unless controlled or restrained) to injure severely or kill persons or animals, or damage property to a material extent.
Dogs come under this definition and the Act therefore imposes strict liability on keepers even where the dog has never displayed violent tendencies before.
The injury from a dog must be through a bite or attack - in other words you can not claim compensation if you fall over one!
There are several defences which ought to be considered which would remove strict liability from the keeper.
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if injury or damage caused either wholly or partly on the part of the injured person
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if the injured person willingly accepted the risk of the animal
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if the injured person was a trespasser
It is important when you are injured by a dog to ascertain the details of the owner or person in possession of the dog to intimate a claim. In most cases, the owner will have household insurance to cover any compensation claim.