Dog bite claims - why the keeper is to blame, not the animal
Over the last few years, reports of dog attacks have become increasingly prevalent across news and social media, writes Damian White, Partner at Digby Brown.
The controversy around certain breeds is understandable, but most people know it's also misplaced and, sometimes, misconstrued.
It's not solely XL bullies, Dobermans, and Rottweilers - Digby Brown disagrees with the idea of bad breeds in general.
But we do agree with the notion of bad owners, and so does the law.
In Scotland, victims can get help via the Animals (Scotland) Act 1987. This law makes it clear that a dog keeper can be held strictly liable if someone is injured as a result of the dog 'biting or otherwise savaging, attacking or harrying'.
Strict liability means that, instead of an injured person having to prove why the keeper is to blame, the keeper instead has to prove why they are not to blame.
Strict liability does not apply in situations where the dog may have bitten as a form of self-defence, such as if the victim was deliberately playing rough or goading the animal into acting aggressively.
But the Act does not apply if a person is injured in what is clearly an accident, like being knocked over by a dog that jumped up affectionately.
The term 'keeper' is important to consider because the person who is at fault is the person who was in control of the dog at the time of the incident, and that might not necessarily be the owner.
This is common in cases where an owner leaves their pet with a professional dog walker - the walker doesn't become the dog's owner but does become the dog's (temporary) keeper.
This means that if a dog bites someone while in the care of a dog walker, the victim would claim against the dog walker, not the owner. (Canine professionals should have public liability insurance to deal with these circumstances.)
Likewise, a keeper can be a loved one or family friend who looks after a dog while the owner is on holiday.
We totally understand why people regard pets as being part of the family, but the reality is that the law essentially recognises dogs as property, and compensation is most commonly secured via one of the following routes, depending on the person who was in control of the dog at the time of the bite:
If the keeper is a private individual, a claim is most likely made against their pet or home insurance.
If the keeper is a professional service provider, a claim is most likely made against any professional insurance they have.
Digby Brown Solicitors has years of experience in helping people affected by dog bites, and dog bite compensation can be used to help people with:
One such person was art teacher Kristina Aburrow, who was mauled by a Rottweiler as she crossed the road in Aberdeen.
She was left with a four-inch gash on her left forearm and was shocked when the police took no action against the dog owner.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Sun
8 hours ago
- The Sun
Fresh twist as Wagatha Christie battle between Coleen Rooney and Rebekah Vardy makes legal history
THE Wagatha Christie libel fight between Coleen Rooney and Rebekah Vardy has made legal history — with the judgment shaping case law. Decisions made in the celebrity battle have been used by a judge to settle a row between siblings. 3 3 It was applied to Andrew Wills' legal fight with sister Bernadette Rogers who wanted £135,000 for looking after their dying mum. Judge Paul Matthews urged them to settle their dispute by mediation before drawing on Vardy vs Rooney judge Mrs Justice Steyn's verdict. He said he was allowed to draw an inference about a participant if they had failed to provide documents which should have been disclosed. In his judgment, he noted: 'Steyn J applied the principle in the case of Vardy v Rooney (2022) where an order was made for the inspection of the telephone of the claimant's witness, but the phone was allegedly lost overboard whilst on a boat trip a few days later.' Judge Matthews was referring to Vardy's then-agent, Caroline Watt, whose phone was apparently lost off Scotland days after 39-year-old Coleen's lawyers asked to search it for WhatsApp chats. Mrs Justice Steyn later ruled Becky, 43, and Miss Watt leaked stories about Coleen, who was seen on holiday in Ibiza this week with footballer husband Wayne. The couple were spotted at the Cala Bassa Beach Club in Ibiza, with Wayne sporting a full beard and a black baseball cap. Major blow for Becky Vardy as Coleen Rooney WINS latest Wagatha Christie battle 3
Daily Mail
10 hours ago
- Daily Mail
SFA hit back at Rangers statement as John Brown TV row takes fresh twist
The SFA have accused Rangers of issuing 'misleading comments' after the Ibrox club criticised the punishment they received for a remark made by former player John Brown on club media channels. Rangers were fined £3,000 following a disciplinary hearing after being charged with breaching rule 38, which states clubs should not allow any criticism of match officials 'calculated to indicate bias or incompetence' or to 'impinge upon his character'. While working as a pundit on Rangers TV, Brown claimed a decision not to award Rangers a goal at Easter Road on the final weekend of the league season was 'corrupt' amid a debate over whether the ball had crossed the line. This week Rangers claimed they had 'flagged numerous examples of similar incidents on club channels' during the hearing and questioned a 'lack of consistency' in the SFA's approach. In response, the governing body pointed out that Motherwell development coach Richard Foster was handed a six-match touchline ban for a similar breach last September after branding the SFA's explanation for a contentiously-awarded Rangers goal against St Johnstone as 'lies' while working as a pundit for the BBC. They also claimed that investigations were undertaken in other cases outlined by Rangers but the potential breaches were not considered serious enough to merit more than warnings. An SFA statement read: 'We note Rangers' response to the determination of a recent independent Judicial Panel Tribunal. In the interests of accuracy, we wish to address some of the misleading comments contained therein. 'The sanction imposed by an independent panel was entirely in keeping with the application of the rules. The most recent and relevant example of a similar breach, the sanction imposed on Richard Foster of Motherwell FC for comments of a similar nature in the media, attests to that. 'Furthermore, to address the comments regarding 'rationale behind differing outcomes', we wish to point to the fact that investigations were undertaken in previous cases outlined and that the compliance officers of the time saw fit to issue a censure by way of warning letter for potential breaches deemed insufficiently serious to be progressed to a notice of complaint. 'This system of proportionality has been adopted since the inception of the Judicial Panel Protocol in 2011. Indeed, such discretion was exercised last season when the compliance officer wrote to (Rangers) to warn of the future conduct of players following matters involving Vaclav Cerny, Dujon Sterling and Mohamed Diomande. 'We also note that Rangers intend to contact the association to seek clarity on the Judicial Panel Protocol and its application. The club is, in fact, already represented on the JPP Working Group. 'We have requested written reasons from the panel chair involved in the tribunal and in the interests of transparency will publish in due course. 'JPP Rule 38 was introduced in response to the referee strike of 2010, when match officials campaigned for greater protection after enduring sustained personal criticism from clubs and fans. Ahead of a new season, we remind clubs of their responsibilities in this regard.'
Daily Mail
12 hours ago
- Daily Mail
Police officer who sent string of messages to Des O'Connor's daughter after she was mugged should have been sacked from force, panel rules
A Scotland Yard detective who sexually harassed Des O'Connor's daughter should have been sacked, a misconduct panel has ruled. Former detective chief inspector James Mason was given a final written warning in October 2021 after calling Kristina O'Connor his 'favourite Camden victim of crime ' and asking her on a date when she was injured during an attempted robbery a decade earlier. Mason, 47, had committed gross misconduct by 'deliberately and repeatedly abusing his position for a sexual purpose,' the panel had found at the time. But it was decided that dismissing or demoting him would have been 'disproportionately harsh.' The same panel reconvened this week and ruled that Mason, who resigned from the force in November 2022, should have been sacked, however. Delivering the panel's findings, Christopher McKay said he had caused harm to the force's reputation. 'Women and girls should feel confident that they are treated with courtesy and understanding if they attend a police station to make a complaint,' he said. In a statement after the decision, Ms O'Connor, 37, who wept as it was handed down at Sutton Police station in south London, called for the police to be abolished. 'My experience has taught me that the police cannot be trusted with women's safety,' the daughter of the late comedian and presenter said. 'I was abused by a police officer who should have been helping me. 'Since reporting his behaviour I have seen first-hand how the police were more interested in protecting themselves than helping me find justice, or protecting other women. 'I have spent many years questioning whether the policing system can be fixed, and have come to the conclusion that if we are serious about women's safety, it needs replacing entirely. 'I believe we need to abolish the police and establish an entirely new public service that actually protects and cares for women and communities.' Ms O'Connor was bruised and suffered a black eye during the attempted robbery in 2011 and was taken to Kentish Town police station after the attack. While taking her statement Mason, then a detective sergeant ten years her senior, asked if he could take her to dinner that evening. The next day he emailed the then 24-year-old, asking her out for a drink and remarking that despite her injuries 'I am sure you still look amazingly hot.' When she asked him to stop, Mr Mason wrote: 'Coming on to victims is positively encouraged, it's all part of the friendly and accessible face of the Met Police. It's the rejection that is frowned upon.' Ms O'Connor had previously been unsuccessful in a 2023 High Court legal challenge against the panel's original decision, but the Court of Appeal ruled in January that it should be reconsidered. Her lawyer, Nancy Collins, of Bindmans Law, said the decision reflects the severity of the harassment her client suffered from an officer in whom she had placed her trust. 'It cannot be right that police officers who abuse their positions of power, undermine public confidence in policing and cause harm to victims of crime, are allowed to continue in their role,' she added. 'Anything less than dismissal would signal that sexual misconduct is acceptable and discourage victims from speaking out.' Mason will be placed on the police Barred list. Detective superintendent Neil Smithson, of the Metropolitan Police, said: 'The Commissioner has made it very clear that officers who abuse their position of trust and authority have no place in the Met.
