Dogs causing injury under English, Scottish, Welsh and Northern Irish law: liability and legal issues

Published by a ��˾��ҹ�� PI & Clinical Negligence expert

Practice notes

Dogs causing injury under English, Scottish, Welsh and Northern Irish law: liability and legal issues

Published by a ��˾��ҹ�� PI & Clinical Negligence expert

Practice notes

This Practice Note considers the issues that can arise in a Personal injury claim caused by a dog attack such as dog bites. It provides practical guidance on how to gather evidence regarding the dog’s previous behaviour, the main case law and legislation to consider when bringing a claim under the Animals Act 1971 (AA 1971) and/or in common law Negligence, legislation concerning guard dogs and what issues to consider when making a Criminal Injuries Compensation Authority (CICA) application for injuries caused by a dog.

Dog’s previous behaviour

For most canine claims, the dog’s behaviour in the past is all-important.

In a claim in negligence, the claimant must prove that the defendant should have foreseen the risk of injury and taken reasonable steps to prevent it. If the owner had no reason to anticipate the behaviour, it will not be possible to establish blame.

The dog’s history will also be important in a personal injury claim brought under AA 1971, s 2(2) where it is alleged that the dog has displayed behaviour that is abnormal for the

Jurisdiction(s):

United Kingdom

Key definition:

Negligence definition

What does Negligence mean?

Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.

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