DOG BITE LAW UK – THE DANGEROUS DOGS ACT 1991

Much of current dog bite law is contained in the Dangerous Dogs Act of 1991 and in common law in the form of previous cases that have set current standards not contained in legislation. British dog bite law does not, contrary to public opinion, allow a dog the ‘first bite free’ and a compensation claim is possible for a ‘first bite’ provided that the dog has previously shown aggressive tendencies. If a dog has displayed any sign of aggression in a previous incident then the owner or keeper or person in control of the dog at the time of a subsequent attack, may be liable to pay compensation for personal injury. For the owner of a dog that has bitten to be liable it is not necessary for the dog to have actually bitten previously - it is sufficient to merely show that the dog was known to be aggressive or had shown aggressive tendencies on at least one previous occasion by growling, snarling, attempting to bite or violently straining at a leash.

The Dangerous Dogs Act came into being in May 1991 and totally changed dog bite law in the UK. Pit Bull Terriers and any other exempted breeds have to be muzzled in public, registered on the Index of Exempted Breeds and micro chipped, tattooed and insured. Any Pit Bull Terrier or Pit Bull 'type' unregistered after November 1991 can be seized and is liable to be destroyed under the Act. Any injury caused by an exempted breed will lead to compensation being payable even if the dog showed no previous signs of aggression. Section 3 of the Act, which covers all dogs in the UK stipulates that any dog "dangerously out of control in a public place" would also be liable for destruction.

Guard Dogs fall into an entirely different category of dog bite law and it is illegal for a guard dog to be active in any premises unless a handler capable of control is also present on the premises, except when the animal is secured so that it is not at liberty to go freely around the premises. The use of guard dogs is illegal unless a clearly visible warning notice is clearly exhibited at the entrance to the premises.

Children are most often attacked which is usually due to their lack of experience regarding the dangers. Even an animal that a child is very familiar with can lose control and attack a child under certain conditions. The most vulnerable age group is children aged between five and nine years old but smaller children can also be seriously injured. Seventy percent of fatal attacks and more than half of wounds requiring medical attention involve children. These injuries usually result in dog bite claims and are a leading cause of emergency admission of children to hospitals. Children’s natural behaviour of running, shouting, grabbing, hitting and maintaining eye contact, puts them at risk of injury. Proximity of a child’s face to the dog increases the likelihood that facial injuries will occur.

Our specialist personal injury solicitors deal with compensation claims using the no win no fee scheme. If you or your child has been the victim of an attack, we can help you assert your rights and get the compensation you deserve. If you would like free legal advice on dog bite law or the Dangerous Dogs Act of 1991 just use the helpline or complete the contact form and a member of the Law Society panel of personal injury experts will speak to you on the telephone without further obligation.