SAMPLE QUESTIONS & ANSWERS

Dog Attacks

 

Have you ever been injured by a dog?

 

If you have, it is possible for you to recover compensation from the dog’s owner/keeper. This can be done in two ways:

(1)               criminal proceedings; or

(2)               civil proceedings.

 

An action may be commenced where a dog has caused injury in any circumstance apart from the following:

(1)               Where the attack occurs on any land, vehicle or premises occupied by the owner or where the dog is ordinarily kept. (However, if the dog is declared a ‘dangerous dog’ by Local Council, the owner may be held liable)

(2)               Where the attack was a result of provocation (other than by the owner).

 

What do I do after an attack?

 

It is very important to document the injury immediately after the attack. This includes:

·         Taking pictures of the injury, the area in which the injury took place and of the attacker;

·         Making a full statement detailing the events surrounding the injury.

·         Taking statements from any witnesses who saw the attack including their full details; and

·         Attending a doctor’s surgery to get treatment and a full medical report on the injury.

 

Has your pet ever been injured by a neighbour?

 

If your animal has been intentionally or wrongfully injured by someone, then an action for trespass can be commenced against them. Civil or criminal proceedings may be commenced against them, depending on the circumstances.

 

 

Limitation Period:- Please note that in Western Australia, (as it varies in every state), you must commence your action within three (3) years. Otherwise, you may not be able to bring a claim unless extraordinary circumstances arise as a result of your delay in commencing proceedings.