Dog bite claims and compensation

January, 2023

Irish Law

Dog bites can be serious. Victims can be left with severe physical injury and emotional trauma.  In 2020, 320 people were hospitalised with injuries related to dog bites. 64% of these inpatients were over the age 20. These figures do not include people who only attended their GP or hospital emergency departments so the figure for total dog bite injuries that necessitated medical treatment is probably much higher. We examine below the law relating to dog bite claims and compensation.

What is the liability of a dog owner for injuries sustained when a dog bites someone and what are your rights to compensation?

The legislation relating to liability for injuries caused by dogs is contained in the Control of Dogs Act 1986. Section 21 states that “(1) The owner of a dog shall be liable in damages for damage caused in an attack on any person by the dog and for injury done by it to any livestock; and it shall not be necessary for the person seeking such damages to show a previous mischievous propensity in the dog, or the owner’s knowledge of such previous propensity, or to show that such injury or damage was attributable to neglect on the part of the owner.”

This means that dog owners are strictly liable for any injuries caused by their dog. Normally in bringing a claim for damages for personal injury, a claimant must show that the person with control of the animal that caused the injury has been negligent in some way and that negligence led to the injury. With cases involving injuries caused by dogs that is not necessary – dog owners are strictly liable for all injuries caused by their animals irrespective of whether they were negligent or not.

Reported awards that have been made by the Courts

In 2022 a young boy aged 12 was awarded €95000 after been bitten by a dog. He was playing hurley on a GAA pitch when a dog escaped from its owners’ premises and ran onto the pitch biting him on his lower limbs. The action was against the dog’s owners.

 In 2021 a young woman was awarded €121917 in the High Court after she was bitten by a dog  whilst visiting her friend’s house. The owners of the dog were found liable for the dog bites.

It is not uncommon for postal workers to sustain bite injuries at work and in 2017, a postman was awarded €100000 after he was bitten by a German Shepherd while delivering mail.

Frequently asked questions

Below we deal with some of the more frequently asked questions when it comes to dog bites and compensation.

I was walking along the road and passing a setter that was on a lead with its owner. The dog bit me as I passed. The dog owner said that the dog never bit anyone before, he had the dog on a lead and the injury was therefore not his fault.  Do I have a claim for compensation? 

Yes. It is irrelevant that the dog was on a lead or that it had not bit anyone before. Under section 21 of the Control of Dogs Act, 1986 a dog owner is strictly liable for all injuries caused by the dog.

I was out walking in the countryside when a collie like dog guarding a farm bit me. It was on a long chain but still managed to get onto the country road I was walking on. I had not entered the farm – the dog came out and attacked me. The farm owner said he had no responsibility as the dog was not a dangerous dog ie something like a pit bull or a mastiff and it was chained up. Do I have a case for compensation?

Yes. It does not matter whether the dog was chained up or was not a dangerous dog. The farmer is strictly liable for injuries caused by the dog.

I was in a public park for a walk when a large dog bounded over knocking me down. It did not bite me – it just knocked me over. I broke my arm. The dog owner said that she had the right to let her dog off the lead in a public park and that the dog had not done this before. She said the dog was just being playful, it had not bite me and that it was not her fault. Is she right? Do I have a compensation claim?

Yes.  The fact that the dog was in a park is irrelevant nor that it did not bite you. The owner is liable for your injuries. In any event, the dog owner is under a legal duty to ensure their dog is kept under control in a public place.

I was driving my car on a public highway when a dog ran onto the road causing me to crash. My car was damaged and I was hurt. Is the owner of the dog liable to compensate me for my car damage and injuries?

Yes. The dog was clearly not under the control of its owner and under the law all dog owners are required to keep their dogs under control in a public place. If the owner of the dog has home insurance it should cover the damage.

Sometimes I have my dog walked by a dog walker. Last week, the dog walker lost control of my dog and it bit someone. Am I responsible for injuries caused by my dog when it was the dog walker’s fault?

Under the Control of Dogs Act, 1986 the owner of a dog is liable for any injuries caused by their dog. In this instance you would be liable for the bite as liability under this legislation lies with the dog’s owner and is one of strict liability. However, you should be able to seek an indemnity of the full cost of any such claim against you from the dog walker as they had failed to keep your dog under control and were negligent in failing to do so. To ensure that you would be able to seek recompense for all your costs and expenses, it is important that you check with any dog walker that they have third party insurance to cover any such claim.

I was bitten by a dog but the person who appears to be the dog’s owner says they are not responsible as the dog is not “their dog” and is only a stray that they have looked after for some weeks. Are they responsible? Do I have a claim for compensation?

Under the Control of Dogs Act, 1986 the definition of a dog owner includes “the occupier of any premises where the dog is kept or permitted to live or remain at any particular time unless such occupier proves to the contrary”. The law assumes therefore that the owner of the dog that bit you is the same as the occupier of the premises where the dog lives or is at, unless the occupier can prove this is wrong. Unless therefore the owner of the dog that bit you can prove to the contrary, it is assumed they are the dog’s owner.

Does home insurance cover injuries or damage caused by a dog?

Normally, home insurance does cover such damage. Some policies exclude cover for injuries caused by “dangerous dogs”. Under the Control of Dogs legislation, these would include dogs such as American Pit Bull Terriers, Alsations, Bull Mastiffs etc. Under this legislation these types of dogs must be muzzled when in public and the dog walkers must be at least 16 of age. Much depends on the wording of the insurance policy but most policies cover injuries caused by dog bites.

What steps should I take if I or a member of my family has been bitten by a dog?

1. Remain calm. Seek immediate medical assistance if necessary.
2. Talk to the owner of the dog and get their contact details.
3. Take photographs of the injury, the animal and where the incident took place.
4. If there were any witnesses to the incident, get their contact details.
5. Report the matter to the Gardai. Remember to get the name of the Garda to whom you reported the matter and the reference number of the incident report.
6. Keep a record of what happened – if possible on the day it happened.
7. See your solicitor.

What types of incidents do we normally see?

1. Dog bites/attacks.
2. Children bitten by dogs.
3. Tradespeople, delivery workers, care workers and postal workers bitten by dogs on private property.
4. Road traffic accidents including with cyclists caused by dogs.
5. Animals spooked by dogs that either are hurt in dog attacks or cause other accidents.

What legal obligations does a dog owner have?

1. All dogs in public places must be under the control of their owner or another person capable of controlling them.
2. All dogs over 4 months of age must have a licence and licences can only be issued to someone over 16.
3. A dog must wear a collar with an attached plate, tag or disc with the owner’s name and address on it. From 2015 it is now also a requirement that a dog is microchipped.
4. Dangerous dogs (as defined in the legislation) must be muzzled securely in a public place and be on a strong chain or leash held by a person over 16.
5. A dog must not be allowed to foul in a public place. If it does happen, the person or the person in charge of the dog, must remove the faeces and dispose of it in a suitable, sanitary manner.
6. Dogs that are not under proper control are considered stray dogs and an owner can be given an on the spot fine for failing to keep their dog under proper control.

What compensation will I receive?

This will depend on the nature of your injuries and your financial loss. It will include:

1. Compensation for your injuries. The amount depends on how serious your injuries were and how long it takes you to recover from them.
2. All your medical expenses, now and into the future.
3. Any loss of earnings, now and into the future.
4. The costs of any adaptions to your home or car because of your injuries.
5. Any care costs that have been or will be incurred because of your injuries.
6. Any other expenses.

How long do I have to make a claim?

Normally you have two years less one day from the date of your injury. However:

1. If your child sustains injury, a claim can be made any time before the child reaches the age of 18. Once your child reaches the age of 18, they have a further two years to make a claim themselves until they reach the age of 20.
2. If the person who sustains the injury does not have mental capacity then there are no time limits.

Why Kearney Law?

We at Kearney Law are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your dog bite claim.  We will ensure you recover in full for your injuries, swiftly and professionally. We only do personal injury law and are experts at it.

For further assistance please ring us at 01 4853560 or email us on [email protected] or fill in our contact form at https://kearneylaw.ie/contact-us/

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