Who is Liable When a Dog Bites Someone in Scotland?

A dog bite can leave you physically injured, scarred and anxious around animals. If something happens in Scotland, responsibility could fall on the dog owner, the person caring for the dog or someone else, depending on the circumstances. Knowing the ins and outs of liability can help injured people figure out what evidence to keep and whether to go after compensation.

Who is liable for a dog bite in Scotland?

If the dog owner’s actions, or failure to control the animal, caused someone’s injury, then the dog owner may be liable. The liability will depend on the facts, for example where the incident occurred, what the dog was doing and if reasonable steps were taken to prevent harm.

The person responsible may not own the dog. A dog walker, a friend looking after a pet or another keeper may also have relevant responsibilities. The person with actual care and control of the animal at the time of the incident may therefore need to be considered.

Can you claim compensation after a dog attack?

A dog bite victim may be able to make a personal injury claim if there is evidence that another party was responsible for the injury. Pain, suffering, scarring, treatment costs and loss of earnings may be compensated where the circumstances and evidence support this.

A dog bite compensation claim does not succeed automatically because an injury occurred. The injured person may need to show what happened and prove that someone else was responsible for the injury.

Does the law in Scotland impose strict liability?

Scotland does not impose automatic strict liability on every dog owner whenever a dog causes injury. The Animals (Scotland) Act 1987 deals with liability for damage caused by animals in certain circumstances, but its scope and application will depend upon the facts.

You also may have to consider what the owner did. If they let a dog with a known history of aggression roam freely in a busy public place, they may be asked whether they took proper precautions to protect others.

What does dangerously out of control mean?

The Dangerous Dogs Act 1991 applies in Scotland and contains offences relating to dogs dangerously out of control. A dog may fall within this category if its behaviour causes a person to fear that it will injure them, subject to the statutory requirements and circumstances.

A criminal investigation and a civil compensation claim are separate matters. You do not need a criminal conviction for a personal injury compensation claim to be considered.

Does the dog’s breed affect liability?

Breed may be relevant where legislation bans certain types of dogs, but breed does not itself give rise to civil liability for an injury. In a compensation claim, the courts may place more emphasis on the conduct of the animal, the circumstances of the incident and the precautions taken.

What evidence helps prove a dog bite claim?

Photographs of the injuries, medical records, names and details of witnesses and information about the dog and its keeper all help. A claim may also be helped by a history of missed work, treatment costs and ongoing symptoms.

Report the incident to appropriate authorities if necessary. Police Scotland or the local authority may have information, particularly if the dog’s behaviour is a concern for public safety.

Can a dog walker or keeper be held responsible?

Potentially, yes. If the owner did not exercise reasonable care in entrusting the dog to such a person, the conduct of the person entrusted with the dog may be relevant to liability. The particular legal position will depend on the evidence and on the duties owed in the circumstances.

How long do you have to make a claim?

In Scotland, most personal injury actions are subject to a three-year limitation period which generally runs from the date the injury was sustained. There are exceptions, e.g. rules concerning children and people lacking capacity, so the appropriate time limit should be checked against the particular circumstances.

How can a solicitor help with dog bite claims?

A solicitor can assess the available evidence, identify the potentially responsible party and explain the legal options. They can also consider the value of the losses claimed and whether negotiation or court proceedings may be appropriate.

Where can you get legal advice after a dog bite?

If a dog bites or injures you or a member of your family, restrain the dog, note what happened and get medical help if needed. Legal advice can help to understand if the situation warrants a claim and what steps may be appropriate.

For advice about a dog bite or another personal injury in Scotland, contact SGT Law Firm. Glasgow Expert Lawyers for Dog Bite Victims page provides a starting point for discussing your circumstances and the legal options available.