Dog attacks cause deep lacerations, nerve damage, scarring and, particularly for children, lasting psychological harm. In Queensland the injured person's claim is a negligence claim against the person responsible for the dog, and the Animal Management (Cats and Dogs) Act sets the standard that person is expected to meet: reasonable steps to ensure the dog does not attack. Recovering compensation is then a question of the owner's insurance and the ordinary public liability process.

Key points

  • The person responsible for a dog must take reasonable steps to ensure it does not attack or cause fear to a person; failing to do so is an offence under the Animal Management (Cats and Dogs) Act and strong evidence of negligence.
  • Most claims are met by the owner's home and contents or landlord insurance, which usually includes liability cover for pets.
  • The claim runs under the Personal Injuries Proceedings Act, with a notice due within nine months of the attack or one month of first instructing a lawyer once the owner is identified.

How liability is established

The claim is in negligence under the Civil Liability Act: the owner or person in control of the dog owed a duty to take reasonable care to prevent it injuring others, the risk of a dog attacking was foreseeable and not insignificant, a reasonable person would have taken precautions, and the failure caused the injury. The Animal Management Act supplies the benchmark. Section 194 makes it an offence for the person responsible for a dog to fail to take reasonable steps to ensure it does not attack or cause fear, and section 195 makes it an offence to allow or encourage a dog to attack. A dog that escapes an inadequate fence, is walked off-lead in a public place, or is left unrestrained where visitors are expected is the typical fact pattern. The Act itself does not create the civil cause of action, but a breach of the standard it sets is usually decisive evidence of the negligence that does.

Where the owner knew the dog had previously bitten or shown aggression, or the dog had been declared dangerous or menacing by the council, the case is stronger still: the risk was known and the precautions required were greater.

Who is responsible

The Act's definition of owner is broad: the registered owner, a person who owns or usually keeps the dog, and, where the owner is a child, the parent or guardian. Liability can also attach to a person who had the dog in their control at the time, such as a relative minding it or a dog walker. A landlord is ordinarily not responsible for a tenant's dog, though a separate claim can arise if a landlord knew of a dangerous dog on the premises and allowed the situation to continue.

Insurance

Few dog owners can pay a serious injury claim personally, so the practical question is whether the owner holds home and contents or landlord insurance with legal liability cover. Most standard policies do, and it responds to injuries caused by the policyholder's pets on and off the property. Identifying the owner at the scene, or through the council's registration records, is therefore the first step. Report the attack to the local council; it investigates, can declare the dog dangerous or menacing, and its file is useful evidence.

Running the claim

A Part 1 Notice of Claim is served on the owner under the Personal Injuries Proceedings Act, and the owner passes it to their insurer. The insurer must respond on liability, and the claim then follows the standard path: disclosure, medical evidence, compulsory conference, court if needed. Damages cover treatment including plastic surgery and scar revision, psychological treatment, income loss, care and general damages under the injury scale. For a child the claim is brought by a parent as litigation guardian, and any settlement must be sanctioned by a court.

What to do after an attack

Get medical treatment and make sure the record describes the bite. Photograph the wounds at the time and as they heal. Identify the dog and the owner and get witness details. Report to council. Get advice from public liability lawyers in Brisbane before the nine-month notice period runs.

Frequently asked questions

Do I have to prove the dog owner was negligent? Yes, but the standard is set by the Animal Management Act's requirement to take reasonable steps to prevent an attack, and a dog that was not properly secured or controlled usually meets it.

What if the owner has no insurance? The owner is personally liable. Whether recovery is practical depends on their circumstances; your lawyer can advise once the owner is identified.

Can a child claim for the psychological effect of a dog attack? Yes. Psychological injury is compensable, and a child's claim is run by a parent with court approval of any settlement.

Sources

  • Animal Management (Cats and Dogs) Act 2008 (Qld), ss 7, 9, 194–196 (owner; duty to take reasonable steps; offences and defences) — legislation.qld.gov.au
  • Civil Liability Act 2003 (Qld), ss 9, 11, 61–62 — legislation.qld.gov.au
  • Personal Injuries Proceedings Act 2002 (Qld), ss 9, 20 — legislation.qld.gov.au
  • Queensland Government, Dog attacks and dangerous dogs — qld.gov.au