Dog and Animal Attack Claims in the ACT

If you have been injured in a dog or animal attack, you may be entitled to claim compensation for your injuries and losses.  Dog attacks can cause physical injuries such as puncture wounds, scarring, fractures, nerve damage and infection.  They can also cause significant psychological injury, including anxiety, loss of confidence, sleep disturbance, fear of dogs, and distress about scarring or disfigurement.

At Maliganis Edwards Johnson, we understand that these claims are often about more than the injury itself.  A dog attack can affect your work, your family life, your confidence, your ability to exercise, and your sense of safety in the community.

What are my rights after a dog attack?

In the ACT, dog owners and those responsible for the care and control of dogs have legal obligations.  Those obligations arise under legislation including the Domestic Animals Act 2000 (DA Act) and, in civil compensation claims, the Civil Law (Wrongs) Act 2002 (Wrongs Act).  The DA Act regulates the keeping and control of dogs in the ACT.  It includes provisions dealing with dogs that attack, harass or menace people or other animals.  Depending on the circumstances, an attack may also result in investigation or enforcement action by the relevant authorities.  A civil claim for compensation is different.  Its purpose is not to punish the dog owner.  Its purpose is to compensate the injured person for the harm and loss caused by the incident.

Whether you have a viable claim will depend on the particular facts.  Relevant issues may include:

• whether the dog attacked, bit, chased, knocked over or otherwise injured you;
• where the incident occurred;
• who owned, kept or controlled the dog at the time;
• whether the dog was properly restrained;
• whether there had been any earlier incidents or complaints involving the dog;
• whether the dog owner or person in control of the dog failed to take reasonable steps to prevent the attack; and
• the nature and extent of your injuries and losses.

Because every case is different, it is important to obtain legal advice early.  Early advice can help preserve evidence, identify the correct respondent, assess liability, and ensure the claim is properly prepared from the outset.

What should I do after a dog attack?

If you have been injured in a dog attack, you should seek medical attention as soon as possible.  Even injuries that appear minor at first can become more serious, particularly where there is a risk of infection, nerve injury, scarring or psychological trauma.

You should also consider taking the following steps where possible:

1. Report the incident to Access Canberra or the relevant authority;
2. Obtain the name and contact details of the dog owner or person in control of the dog;
3. Identify any witnesses;
4. Take photographs of your injuries, the location of the attack, and the dog if it is safe to do so;
5. Keep copies of medical records, receipts and invoices;
6. Keep a record of time off work and any income lost; and
7. Seek legal advice before speaking with an insurer or signing any documents.

In many cases, the quality of the evidence available early in the claim can make a significant difference to the outcome.

What compensation can I claim?

Compensation in a personal injury claim is known as damages.  Damages are intended, as far as money can do so, to put the injured person in the position they would have been in had the incident not occurred. The amount of compensation available will depend on the circumstances of the case, including the seriousness of the injuries, the effect of those injuries on the person’s life, and the financial losses caused by the incident.  A claim may include compensation for medical and treatment expenses; loss of income; pain, suffering and loss of enjoyment of life; and care and assistance.

How long do I have to bring a claim?

Strict time limits apply to personal injury claims.  In most ACT personal injury matters, the initial claim form must be lodged within 9 months from the date of the attack, and court proceedings must be commenced within three years of the date of injury.  However, limitation periods can be complex, and different rules may apply depending on the circumstances.

Why choose MEJ?

MEJ is one of Canberra’s leading personal injury law firms.  We have acted for injured people in the ACT for many years and have extensive experience in claims involving dog attacks, public liability, motor accidents, medical negligence and other serious injury matters.  We understand the ACT legal framework and the practical issues that arise in dog attack claims.  We know what evidence needs to be obtained, how to assess the full extent of a claim, and how to deal with insurers and solicitors acting for respondents.  Our approach is careful, practical and client-focused.

At MEJ, we look beyond the immediate injury.  We consider the physical, psychological, financial and personal consequences of the attack, so that your claim properly reflects the impact the incident has had on you and your family.

No win, no fee

We act in many personal injury claims on a no win, no fee basis.  This means you can obtain expert legal assistance without paying legal fees upfront, subject to the terms of our costs agreement.

If you have been injured in a dog or animal attack in the ACT, contact MEJ to discuss your rights and find out how we can help.