What to do after a dog attack: legal help
Dog attacks are on the rise in Australia, with an estimated 100,000 dog bites reported annually. Thousands of these attacks lead to hospitalisation, often requiring treatment for physical and psychological injuries. The effects can be devastating, impacting your ability to work and manage daily responsibilities.
That’s why understanding your legal entitlements helps secure the compensation necessary for your recovery and rehabilitation after a dog attack.
Frequently asked questions
If a pet owner is proven to be at fault for a dog attack, they will be held financially responsible for paying compensation to the injured person (or persons), unless covered by home and contents insurance.
If the attack occurs on private property, like a home, and the owner has public liability insurance, it will likely be covered by their insurance policy. Likewise, pet insurance policies often include third-party liability, which covers dog attacks in both private and public spaces.
You generally have 3 years from the date of the incident or from when your injuries first become apparent to file a claim.
Compensation can include medical expenses, lost wages, pain and suffering, lump sum payments, and other related costs.
Compensation depends on the injury's severity and lasting impact. Serious injuries like facial scarring, nerve damage, permanent disability, or psychological trauma can settle for higher amounts. Claims involving children, severe scarring, and PTSD typically attract higher awards because of long-term impact.
Report the attack to your local council. Every council has a dedicated animal control unit and a legal obligation to investigate. If injuries are serious or the attack was deliberate, also report to police. In NSW, lodge online via the NSW Office of Local Government. In Victoria, contact your council and Agriculture Victoria. Report as soon as possible after the attack.
Yes. Dog owners are responsible for their dog's behaviour wherever the attack occurs, including their own home, your home, or someone else's property.
Most home and contents and public liability insurance policies cover dog attacks where the policyholder's dog injures someone, up to the policy limit. Some breeds are excluded under specific policies, particularly restricted breeds. The injured person typically claims against the owner's insurance, not the owner personally. Always check the policy wording, as exclusions and limits vary widely.
If you’ve experienced a dog attack, whether in a public or private place, you may have a claim for dog attack compensation. To seek compensation, you need to prove that someone was at fault for the incident. In other words, you need to demonstrate that the attack was the result of another party’s negligence. This will result in a claim being filed through that person’s public liability or home and contents insurance policy.
Yes, we offer No Win, No Fee. If we don't win your claim, you won't be charged for the work we do on your case, and dog attack claims are no exception. You may still be liable for third party costs and disbursements. For the full terms and conditions view our No Win No Fee policy.
What should I do immediately after a dog attack?
Get to safety, then call 000 if injuries are serious.
Clean wounds with soap and water and seek medical attention.
Identify the dog and owner. It’s also important to take photos of injuries and the scene.
Report the attack to your local council and police. Keep all medical records and receipts to support your compensation claim.
Contact a lawyer as soon as possible for legal advice.
What is considered a dog attack?
The definition of dog attack varies between state and territory.
However, dog attacks in Australia are generally defined as one (or more) of the following:
Aggressively rushing at or harassing any person or animal (other than vermin).
Biting or causing physical injury to any person or animal.
Damaging clothing or property of the person attacked.
Behaving in a manner that causes a reasonable person to fear physical injury.
Restricted dog breeds in Australia
Some dog breeds are more likely to cause serious injury than others.
While each state and territory lists their own restricted breeds, the most common across Australia include:
American Pitbull Terrier or Pitbull Terrier
Japanese Tosa
Dogo Aregentino (Argentinian fighting dog)
Fila Brasilero (Brazilian fighting dog)
Perro de Presa Canarios (or Presa Canario)
There are important guidelines about owning, warning, and controlling restricted breeds. These guidelines help public liability lawyers determine if an owner of a restricted breed is at fault for your injuries.
Who is liable for a dog attack?
In Australia, responsibility for a dog attack typically falls on the owner if negligence can be proven. This means that if the owner failed to take necessary precautions, such as properly restraining or controlling the dog, they could be held liable for any resulting injuries or damages and are subject to fines and even imprisonment.
Each state and territory have specific laws governing compensation claims for dog attacks. Generally, owners have a duty of care to ensure their pets do not pose a threat to others. If the dog owner fails to take appropriate precautions to minimise risk of harm to others, they may be liable for injuries and damages.
Additionally, some states such as Victoria have developed additional common law principles governing fault of dog owners in certain situations. For example, if a dog owner had prior knowledge of their dog’s tendency to be dangerous or mischievous, and the dog then attacks again, the dog owner will be liable for any injuries or damage.
It’s also important to note that a claim for compensation can be brought against several different parties depending on individual facts and circumstances. There parties might include:
The owner of the dog
The occupier of a property
Local councils
The above parties may or may not have public liability/and or home and contents insurance, which is why it helps to speak with a public liability lawyer to navigate the specific laws and insurance policies that apply to your case.
Entitlements
Our experienced public liability lawyers can guide you through the process to help ensure you get your entitlements, including:
Medical expenses for treatment and ongoing care
Rehabilitation costs
Ongoing care costs
Past and future earnings
Pain and suffering
Loss of enjoyment of life
Replacement of damaged property (clothing, glasses, electronic devices, personal items, etc.)
In cases where a pet owner is at fault for a dog attack, they will be financially accountable for compensating the injured party. However, the pet owner may be covered by public liability or home and contents insurance depending on the facts of your claim.
Similarly, many pet insurance policies include third-party liability coverage, which provides financial protection for dog attacks occurring in both private and public spaces.
Time limits apply
When seeking dog attack compensation, you will typically have 3 years to make a personal injury claim. This timeframe starts from the date of the incident or from when your injuries or symptoms first become apparent, so it's important to act quickly.
No Win, No Fee* dog bite lawyer
We are the original No Win, No Fee* lawyers. This means that if you don’t win you don’t pay the fees for the work we do on your case. You may still be liable for third party costs and disbursements.
*For full T&Cs on No Win - No Fee, click here.
What to expect
We’ll give you further information and organise your obligation free initial appointment. This gives you the opportunity to find out more about your claim and discuss your options so you can make the best decision for you.
Our lawyers and legal assistants will guide you through every step of your case.
Your legal team will gather evidence, obtain reports, organise meetings and schedule appointments. Rest assured, you’ll be involved every step of the way.
Your legal team will organise an examination by an independent medical professional to establish your entitlement to pain and suffering or loss of enjoyment of life damages.
We’ll support you at every step of your journey to help get you the compensation you’re entitled to so you can move forward with your life. While it’s rare for cases to proceed to court, you can be confident of your legal representation, including a specialist barrister if required.
Meet the team
Meet our team of experienced public liability lawyers that can help you if you’ve been a victim of a dog attack.