have you been injured in an Animal Attack?
Let us get you the compensation you deserve.
A dog bite or any attack by an animal can result in long-term pain and suffering, serious infection and psychological trauma. If the owner or person responsible for the animal’s care has breached their duty of care, you may be eligible for a public liability claim for personal injury compensation.
Getting the right advice from an experienced animal attack lawyer will help you understand your rights and the process of making a successful claim.
Claiming an animal attack can be legally complex and time-consuming. Several laws may apply In Victoria, such as The Wrongs Act (1958) and The Domestic Animals Act (1994). Different laws and compensation may apply if the attack has occurred at work.
Common Animal Attack Claims
Dog bite injuries are the most common cause of animal attacks. A person who is in control of a dangerous non-guard dog that attacks or bites another person or animal is guilty of a criminal offence. This charge does not apply if the dog is a guard dog guarding non-residential premises.
When making a compensation claim, an experienced dog bite lawyer will consider many factors that may impact a claim. These include:
- Whether the dog was a restricted breed?
- Was it adequately registered with the local council?
- Had it been declared a dangerous dog?
- Was the animal properly fenced or under the control of the owner?
What compensation can I get for a dog bite injury?
If you have suffered any physical and psychological injuries and losses, compensation will be determined by the specific circumstances of your case. Generally, you will be able to claim for:
- medical costs and hospital expenses
- rehabilitation and ongoing treatment
- loss of earnings
- pain and suffering
- loss of enjoyment of life
- nursing or home assistance provided by anyone, paid or unpaid
As dog bite lawyers and compensation claim experts, Carbone Lawyers can give you a good indication of what to expect.
IMPORTANT
In many cases, the dog may be the pet of a friend, relative or neighbour, and the victim may be understandably reluctant to take action and demand financial compensation from someone they know. It’s important to understand that dog attack claims are made against the dog owner’s insurance company, not the individual. If this is a concern, please talk to the experienced dog attack lawyers at Carbone Lawyers, who will be able to address any concerns.
What to do if you have been attacked by a dog.
- Get medical treatment for your injuries. Give your doctor a detailed description of what happened.
- Note the address and time the attack happened. Include details of the dog’s breed, colouring, and size. Get details of the owner, including things like their car registration number.
- If possible, photograph the dog and the location of the attack.
- Get details of anyone who witnessed the attack.
- Report the attack and injury to your local council. It is best to do this in writing and keep a record of the letter and any responses you receive. Get copies of any incident reports or other documents created by the council for your case.
- If the attack is severe, report it to your local police station.
- Keep detailed medical treatment records, time off work and out-of-pocket expenses.
- Contact a Personal Injury Law firm like Carbone Lawyers, with expert dog bite lawyers on their team.
Animal Attack FAQs
Who is liable for an animal attack?
The registered owner of the animal and, in some cases, another party that has assumed control of the animal (such as a pet sitter, groomer, or dog walker) at the time of the attack are typically liable for any injuries caused. There are some cases where compensation may be available through another party, such as through an employer, if the attack takes place while you’re carrying out your work.
Speak to the personal injury experts at Carbone Lawyers to determine what compensation you may be entitled to following an animal attack and have the best chance at a successful claim.
Does Victoria follow the ‘One Free Bite’ Rule?
The “One Bite” or “One Free Bite” rule describes the ruling in states in Australia where the owner is only held liable for an animal attack if they knew or should reasonably have known prior to the attack that the animal would potentially act dangerously or harmfully. Victoria doesn’t follow this rule, meaning the injured party doesn’t need to prove the owner should have previously known the animal to be dangerous to establish their liability.
If a dog bites someone, will it be put down?
In Victoria, local councils have the power to order the destruction of a dog following the owner being found guilty following an attack. This isn’t an automatic decision and can be appealed, so if this is a concern preventing you from pursuing a claim, discuss it with one of the experts at Carbone Lawyers to understand the likely outcomes for your case.
What evidence is needed for an animal attack claim?
As with any personal injury claim, evidence of the incident and the resulting damages are required for a successful claim. This includes information on the dog, its owner’s details, medical reports and photographs of injuries, witness statements, and any reports filed with local authorities. The experts at Carbone Lawyers can aid in collecting evidence, so your claim has the best chance of success.
What are the legal requirements for owning a dangerous dog in Victoria?
Councils can declare a dog dangerous for several reasons, including but not limited to a history of causing serious injury or being kept to guard non-residential premises. Owners of dangerous dogs in Victoria must follow strict requirements such as the animal being muzzled in public places, wearing a red and yellow striped collar, and the premises it is on having signs for the dangerous dog on its entrances. Failure to comply with these restrictions can result in heavy penalties and may be an important detail in a dog bite claim.
