Dog attacks can have serious consequences for both the person injured and the dog owner responsible. Under NSW law, dog owners have a legal responsibility to properly control their dogs and take reasonable steps to prevent them from causing harm.
If your dog attacks, bites, rushes at, chases or intimidates another person or animal, you may face legal consequences, including penalties, restrictions on your dog and potential liability for compensation claims.
This article explains what can happen if your dog attacks someone in NSW and the steps owners can take to reduce the risk of legal issues.
What Happens If Your Dog Attacks Someone in NSW?
Under the Companion Animals Act 1998 (NSW), dog owners have obligations to ensure their dogs do not attack or cause injury to people or animals.
A dog attack may include situations where a dog:
- bites or causes injury to a person or animal;
- rushes at or chases someone;
- harasses or threatens another person or animal; or
- behaves aggressively in a way that creates a risk of harm.
Even if a person is not seriously injured, you may still face action if your dog’s behaviour is considered dangerous or unacceptable.
Can a Dog Owner Be Held Legally Responsible?
Yes. A dog owner may be responsible for losses caused by their dog’s actions.
If someone is injured in a dog attack, they may seek compensation for losses such as:
- medical and treatment expenses;
- loss of income;
- pain and suffering; and
- other damages arising from the injury.
Depending on the circumstances, owners may also face penalties or further action from local authorities if their dog is considered dangerous or has breached NSW animal control laws.
What Are a Dog Owner’s Responsibilities?
Dog owners must take reasonable precautions to keep their dogs under control and prevent them from harming others.
This may include:
- keeping your dog properly restrained in public areas;
- using a leash where required;
- using a muzzle if your dog is subject to restrictions or has a history of aggressive behaviour;
- ensuring your property is secure; and
- providing appropriate training and socialisation.
Responsible ownership can significantly reduce the risk of an incident occurring and help protect both your dog and members of the community.
What If My Dog Has Shown Aggressive Behaviour Before?
If your dog has previously displayed aggressive behaviour, additional precautions may be required.
Ignoring warning signs or failing to properly control a dog that has shown aggressive tendencies may increase the risk of legal consequences if an attack occurs.
Owners should consider professional training and seek advice about their obligations under NSW law.
Does Insurance Cover Dog Attacks?
Some home and contents insurance policies may provide cover for liability arising from dog-related incidents. However, coverage varies between policies.
If you own a dog, you should review your insurance policy or speak with your insurer to understand whether you are covered if your dog causes injury or property damage.
What Should You Do After a Dog Attack?
If your dog has attacked someone, or you or your dog has been involved in a dog attack incident, it is important to obtain advice as soon as possible.
The circumstances of each incident are different. Legal advice can help you understand your obligations, respond to any claims and determine the best way forward.
Get Legal Advice About Dog Attack Claims
Dog attacks can involve complex issues relating to liability, compensation and animal control laws.
At Somerville Laundry Lomax, our experienced compensation lawyers can provide advice if you have been injured in a dog attack or need assistance understanding your legal position.
If you require advice, contact Somerville Laundry Lomax to discuss your circumstances.
This article provides general information only and is not intended to be legal advice. You should obtain professional advice relevant to your circumstances.