Figures relating to dog attacks have recently been released, which show that since 2015, more than one hundred court proceedings in Scotland have been raised against owners of dangerous dogs.
The Dangerous Dogs Act 1991
The Dangerous Dogs Act was first introduced in 1991 as a response to a number of heavily publicised dog attacks on children.
The 1991 Act made it a criminal offence to have a dog "dangerously out of control" in a public or private place although, households are exempt.
If found guilty of an offence under the 1991 Act, the Court has the power to:
- Make an order for destruction; and/or
- Make a disqualification order which prevents the owner from owning a dog for such period as the Court deems appropriate
Control of Dogs (Scotland) Act 2010
Following heavy criticism of the 1991 Act, the Scottish Government introduced the Control of Dogs (Scotland) Act 2010. Its introduction was designed to shift the focus onto dog owners.
Dog Control Notices were introduced in an attempt to make owners more responsible in their handling of their dog. Where a dog is deemed dangerously out of control the owner will be issued with a warning which requires the owner to being and keep the dog under control.
The introduction has been heavily criticised by MSP's who have scrutinised the legislation as being "unfit for purpose" and offering "one free bite" before further and more serious action is taken.
Animals (Scotland) Act 1987
Whilst the 1991 and 2010 Acts are designed to protect the public and make owners accountable for their dangerous dogs, what about those who have been victims of a dog attack?
The 1987 Act provides victims with the ability to claim compensation for injuries sustained as a result of a dog attack.
The 1987 Act imposes strict liablity on owners of animals who are deemed likely to injure severely, kill or cause damage. This means that a victim only requires to prove that the attack happened and that the owner was responsible for the attack. Whilst the 1987 Act does not extend to all animals, dogs are included.
Claims arising from a dog attack can extend to both the physical injuries sustained and the psychological effects of the attack, i.e. if the victim develops a fear of dogs.
Whilst the 1987 Act provides victims of with a way of obtaining compensation for their injuries, MSPs have called for a review of all dog control legislation un order to stop these attacks altogether.
Rachel Holt was successul in a claim made on behalf of our client, a postal worker, who was bitten by two dogs at a property during the course of her employment.
The client sustained puncture wounds and bruising to both her legs as well as developing anxiety as a result of the attack.
A claim was raised against the owner of the dogs, who denied liability for the injuries sustained to our client. His defence was that when entering his property our client accepted the risk of being bitten by his dogs, despite there being no warning signs in respect of the dogs.
The Court found the owner to be liable and damages were paid out to our client as compensation for both the physical and psychological injuries sustained as a result of the attack.
If you or anyone you know has been injured as a result of an attack by a pet, contact our solicitors for advice on 0800 988 8082 or compelete our online enquiry form.
