Dog bite claims in Scotland
Most people never expect an encounter with a dog to end in an injury, but dog bites and attacks can happen unexpectedly leaving people with painful wounds, scarring or emotional distress.
Dogs are a much-loved part of family life but owners have a responsibility to keep them under control and take reasonable steps to protect others.
At Digby Brown we believe that responsible dog ownership is key to preventing dog attacks and protecting people and other animals from harm.
If you have been injured by a dog, you may be able to make a compensation claim. Our solicitors can help you understand your rights and whether you have a claim.
Who is responsible for a dog bite in Scotland?
If you have been bitten or injured by a dog, you may be able to make a claim against the person responsible for the dog.
In Scotland keepers of dogs are held accountable by the Animals (Scotland) Act 1987. The Act holds a dog keeper as “strictly liable” if the injury was caused by “biting or otherwise savaging, attacking or harrying”.
However, strict liability does not apply if the bite victim in any way goaded or encouraged the dog to attack (such as deliberately playing rough) or if they acted in a manner that would lead to the dog biting as a form of self-defence.
Is the dog owner always responsible?
The law uses “keepers,” not “owners,” because the distinction can determine who is strictly liable for your injuries.
For example, if a dog owner leaves their pet with a professional dog walker then the professional does not suddenly become the dog’s owner. Instead, they may be regarded as the keeper for the time they are in charge of that dog.
If a dog jumps up playfully or affectionately and causes an injury, this may fall outside the scope of the Act.
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Can I claim compensation for a dog bite?
Dogs are privately owned animals and although most people regard them as members of their family the law recognises pets as property.
Compensation is usually recovered in one of two ways depending on who was responsible for the dog at the time of the bite:
- If the keeper is a private individual – a claim is most likely made against their home or pet insurance.
- If the keeper is a professional service provider (like a dog walker or kennel operator) – a claim is most likely made against any professional insurance they have.
What happens when you make a dog bite claim?
The claims process for a dog bite case can have some differences compared to the likes of road traffic accident claims or workplace accident claims. However when it comes to building your case, there is a lot that remains the same.
Giving a statement
The first thing we will do is take a statement from you to go over what happened. It will include what happened, where you were, how you were injured, who was involved, what medical treatment you received and how your injury impacted you (such as if you had to take time off work).
The more detail you provide, the better. This will allow us to understand the circumstances of the injury and assess whether we can help.
Intimating the claim
We contact the insurer of the dog keeper to inform them we are investigating a claim. This formally starts the process and the communication between both sides.
Gathering the right evidence
We gather the statements of any witnesses who saw the attack and other corroborative evidence that may shed light on the incident (such as public CCTV). We will also gather any photos you have of your injuries that you may have taken in the immediate aftermath so it can illustrate the severity of what happened.
Assessing your injuries and their impact
With your permission, we will gather your medical records so we can get proof of your injuries and of the treatment you received. We will then work with independent experts who will provide in-depth reports on how your injuries may affect your future such as if the bite will leave permanent scarring, muscle damage or anything that will affect your day-to-day living.
All of this can be analysed and will go a long way to help settle your claim for the right amount.
Calculating your losses
We work with experts to calculate the financial impact of the dog bite. This can include any lost wages because you couldn’t work during your recovery or any clothes or other belongings that have been damaged.
Once everything is in place it may be that the insurer accepts liability for the bite straight away. If this is the case, then it is simply a matter of negotiating a fair settlement.
If the insurer does not accept liability for the bite then we will consider preparing the case for court – but things rarely get that far as it’s the last place insurers want to go.
The robust way we build cases is what helps us to help you – just like we did for Kristina Aburrow after she was attacked by a dog. The Dundee artist was mauled by a Rottweiler and was left with a badly damaged arm. Even though the police took no action against the dog owner, it did not prevent us from raising a civil action – and it did not prevent Kristina from securing rightful damages.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
How Digby Brown can help with your dog bite claim
When making a dog bite claim, it is important to seek legal advice from a personal injury lawyer with experience in these types of cases. The whole process might seem in-depth but these are essential steps that your dedicated lawyer will take to build your case and help you get fair compensation.
You might also think such a service sounds costly but for you it costs nothing.
The whole process is part of a no win, no fee service made possible thanks to our funding model Compensate which covers all the legal costs of your case. This includes the investigation work, the instructing of experts and all the associated court costs.
Our commitment to providing industry-leading service, value and fairness for clients is why Digby Brown has a five-star rating from nearly 2,000 people on Trustpilot.
It’s also why the firm has been top ranked in Chambers and by Legal 500 and has won countless legal awards in Scotland.
At Digby Brown, we have vast experience in dog bite cases. Our solicitors will be able to help you understand your options and guide you through the claims process.
Frequently asked questions about dog bite compensation
Can I claim compensation if someone else’s dog bites me?
In Scotland, the responsibility for a dog attack or dog bite will generally fall on the dog’s owner or whoever was in control of the dog at the time of the incident.
Every dog bite claim is different and liability will depend on factors such as how the attack occurred, where it took place and who was responsible for controlling the dog. We can assess your case and advise whether you can make a compensation claim.
What should I do immediately after a dog bite?
If you've been bitten or injured in a dog attack, your health should always come first. Seek medical attention as soon as possible, even if your injury seems minor, as dog bites can lead to infection and other complications.
If you can do so safely, you should also take some important steps:
- Obtain the dog owner's name and contact details.
- Report the incident to the police or your local authority if appropriate.
- Take photographs of your injuries and the location where the incident happened.
- Ask any witnesses for their names and contact details.
- Keep records of any medical treatment, travel costs, lost earnings and time off work.
How long do I have to make a dog bite compensation claim in Scotland?
If you are thinking about making a dog bite compensation claim it is important to seek legal advice as early as possible.
In most cases you have three years from the date of a dog attack to make a dog bite compensation claim in Scotland. However, there are some exceptions to this time limit, such as if the person injured was under the age of 16 or they lack the legal capacity to make decisions for themselves.
Missing a legal time limit can prevent a claim from being pursued so it's best to seek legal advice as soon as possible.
Do I need to prove the dog owner was negligent?
In Scotland, you don't always need to prove that a dog owner was negligent to make a dog bite compensation claim.
The Animals (Scotland) Act 1987 can allow you to claim compensation in certain circumstances, even if the dog owner didn't deliberately do anything wrong.
In some circumstances responsibility for a dog attack may also extend beyond the dog's owner. For example if you were attacked by a dog while carrying out your job, your employer could be responsible if they failed to assess the risk of dog attacks or didn't take reasonable steps to protect you from a known risk.
This is common for employees such as postal and delivery workers, carers, housing officers and other workers who regularly visit people’s homes as part of their job.
Can I claim if I was attacked by a dog in a public place?
Yes, the location of a dog bite does not determine whether you can seek compensation. What matters is establishing who was responsible for the dog and whether they are legally responsible for your injuries.
Can I claim if a dog bit me at someone's house?
Yes, you may be able to make a claim if you were bitten by a dog while visiting someone's home in Scotland.
Whether you were invited onto the property, delivering a parcel or carrying out work your right to claim will depend on the circumstances of the dog attack and who was responsible for controlling the dog.
Will the dog owner have to pay the compensation personally?
In many dog bite compensation claims, the dog owner doesn't pay compensation personally. An insurance company often handles the claim.
Depending on the circumstances, this may include cover provided through a home insurance policy, pet insurance or another policy that includes public liability cover.
If there is no insurance available, you may still be able to make a dog bite claim against the individual responsible for the dog.
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