Dog bites can lead to serious injuries, and children may face lifelong injuries if they are attacked by a dog. Children are particularly vulnerable because they cannot read a dog's body language, and may not be aware that a dog is dangerous. While it's important to teach children about dog bite prevention and the warning signs that they might see, they may encounter dangerous dogs or face the risk of an unprovoked attack. In these cases, there are often legal avenues you can pursue to protect your child, help them to recover from any injuries, and prevent dog bites from happening in similar circumstances in the future.

Of course, your first priority should be to seek emergency medical treatment, even if a child's wounds don't seem serious, as there is a risk of infections. Beyond this, you can collect evidence about the circumstances under which the bite happened that could enable you to make a compensation claim for your child's injuries or take legal action against the dog's owner.

Here, the experienced legal professionals at Switalskis explain when you can claim compensation for a dog bite injury, the evidence you can gather to support your case, and why seeking expert advice from a solicitor is vital to your chances of success.

What are the legal options when a dog bites a small child?

The legal options you can rely on if a dog attacks your child depend on factors like the circumstances of the attack, the severity of the injuries, and the dog's behaviour or history. There are several key areas of law that may apply, including the Dangerous Dogs Act 1991 and the Animal Act 1971, which will govern which legal routes are available to you. There is often the option to make a civil claim for personal injury compensation if you or your child were injured by someone else's dog.

One of the first options to consider is whether to report the dog bite incident to the police. The Dangerous Dogs Act 1991 makes it a criminal offence for a dog to be dangerously out of control in a public or private place, including inside someone’s home. A dog is considered dangerously out of control if:

• it injures a person; or
• it behaves in a way that makes someone reasonably fear injury.

This means that if a dog attack has caused injury to your child, you can report the incident to the police and there may be legal consequences for the owner. These include:

• a criminal conviction.
• a fine or prison sentence (up to 14 years if the attack results in death, up to 5 years for injury, and up to 3 years if the dog attacks an assistance dog).
• a destruction order for the dog.
• a ban on owning dogs in the future.

If the dog is classified as a banned breed (such as Pit Bull Terriers, Japanese Tosas, Dogo Argentinos, or Fila Brasileiros), the owner may face prosecution under Section 1 of the Dangerous Dogs Act, which can come with more serious legal consequences. 

Reporting the incident to the police does not only highlight dangerous dog behaviour and encourage owners to take action, but it can create evidence that will support a potential compensation claim.

Local authorities and dog wardens can take action under local bylaws if the dog is a public nuisance. They may issue a dog control order that requires the owner to muzzle the dog in public or keep it on a lead. They can also seize the dog if it is considered dangerous, and take action against the owner for failing to control their pet.

Both of these options can result in consequences for the owner of a dog that attacked without provocation. However, if a child provokes an animal into attacking, or the dog's history shows no indications of violent behaviour, there may not be any possibility of taking legal action, and you should seek legal advice from an experienced solicitor to help you decide how to move forward.

When can you claim compensation for a dog bite?

In some cases, you may be entitled to compensation for a dog bite injury. Under the Animals Act 1971, the owner of a dog can be held strictly liable for injuries caused if they were aware of the risk that their dog's behaviour could (or was likely to) cause injury. This means that if a dangerous dog is taken into a public place without a muzzle, and the dog bites your child without provocation and causes an injury, this will often mean you're entitled to compensation.

To make a compensation claim, you must prove that the dog attacked without provocation, and that the owner knew or should have known the dog had the potential to act aggressively. You will only be entitled to compensation if you were left with injuries, financial losses (such as medical costs or time off work for care), or both. However, these injuries do not need to be physical, and mental health conditions like post-traumatic stress disorder (PTSD) can also lead to compensation.

If the dog attack is deemed a criminal act (such as an attack by a known dangerous dog where the owner acted recklessly), you may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA).

This applies if the attack meets the criteria for a violent crime, and no civil claim is possible. For example, if you cannot identify the owner of the dog responsible, you may be able to claim compensation through the CICA rather than needing to track down the responsible party. The process of making a CICA claim is slightly different from a civil claim, and you should speak to a solicitor for support. In fact, contacting an expert dog bite solicitor should always be the first step in determining whether you're entitled to dog bite compensation and to start the process.

What steps should you take after a dog bite?

As we have noted, it's important to seek medical treatment for any injuries, and report a dog bite attack to the police. If you (or your child) are bitten, remain calm and move away from danger, particularly if the dog's body language indicates that it might attack again. 

If you can, take photographs of the dog and its owner in the aftermath of the incident. Ask for the details of the dog owner (or identify them in another way if you are able to) and take down contact details of any eyewitnesses who can verify your version of events.

If you believe you may be entitled to compensation, there are several other steps you can take to support your case. You should take photographs of the location of the attack and any injuries, both when they are fresh and during the child's recovery. Keep records of any medical treatments and expenses related to your child's injury. If you need to take time off work to care for the child during their recovery, make a note of any lost income, as some of these care costs can form part of your compensation. If the child is scared to be around dogs or develops symptoms of PTSD after the incident, speak to a doctor for a diagnosis, as this can support you to secure the maximum amount of compensation that your child is entitled to.

Most dog bite compensation claims cover the following elements:

• medical expenses (such as treatment for bites, plastic surgery, or psychological counselling).
• pain and suffering.
• loss of earnings (if a parent must take time off work).
• long-term rehabilitation costs.

A personal injury solicitor specialising in dog bite claims can advise whether a claim is likely to succeed. The team at Switalskis has a wealth of experience in this area and can advise you on what to expect from the process, and the evidence you may need to support your compensation claim. 

There are a few legal options to consider after a dog bites your child, including reporting the incident to the police, seeking intervention from a local authority, and making a personal injury claim against the dog owner (or a CICA claim if the attack meets the necessary criteria). If you're considering any of these approaches, the solicitors at Switalskis can explain which approach will give you the best result. Call us on 0800 138 0458 or get in touch via the online contact form .