In terms of the Animals (Scotland) Act 1987, it is provided that owners or keepers of pets with dangerous tendancies, such as dogs, are absolutely liable if their pet injuries someone.
The reason behind the introduction of the Animals (Scotland) Act 1987, it is provided that owners or keepers of pets with dangerous tendancies, such as dogs, are absolutely liable of their pet injures someone.
On the face of it, therefore, victims have a right to be compensated by the pet owner. But there is no provision in the Act obliging dog owners to insure their pet against the risk of injuring someone. So, the Act is not achieving its object.
Insurance
While responsible pet owners will have insurance, unfortunately, many pet owners do not. Those that don't have insurance are usually unable to pay any compensation award. As a result, victims are denied compensation for what can be very serious injuries. In order to remedy this, the Government could introduce compulsory pet insurance.
If the pet owner is insured, the victim will get the compensation they are entitled to and so a big loophole in the effectiveness of the Act will be closed.
Are there any alternatives to Animals (Scotland) Act 1987
If a dog owner deliberately sets his dog on someone they can apply for Criminal Injuries Compensation. However, it is very difficult to prove the attack was deliberate. Even if you can prove the attack came about because of carelessness or recklessness this is not enough. So, it is very difficult to get compensation this way.
Balance of prejudice
The dog owners lobby will no doubt oppose compulsory insurance. They will argue it is not fair to force dog owners to take out pet insurance but, with the low cost of pet insurance, this should be affordable by pet owners and so there is little prejudice to them. On the other hand, a victim who has suffered very serious injuries because of a dog attack will suffer grave prejudice if they are denied compensation due to the lack of insurance.
How we can help
We do have experience of handling injury claims for victims of dog attacks, and recently secured damages for a postal worker who was bitten by two dogs. 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 complete our online enquiry form.
