In Scotland, the person who keeps the dog is usually liable when it bites someone. Under the Animals (Scotland) Act 1987, the keeper can be strictly liable for injuries caused by a dog biting or savaging a person, which means you do not have to prove they were careless.
The keeper is usually the owner, but other people can be responsible too, such as someone who had care of the dog at the time. In many cases, compensation is paid by the keeper's home or pet insurance rather than out of their own pocket.
Key points
- The keeper of a dog can be strictly liable for a bite under the Animals (Scotland) Act 1987, without you having to prove carelessness.
- Negligence and occupiers' liability can also apply, depending on where and how the attack happened.
- You do not need a criminal conviction against the owner to make a compensation claim.
- Claims are often paid by the keeper's home or pet insurance.
- You normally have three years to raise a court action, so it is worth getting advice early.
Who is liable for a dog bite in Scotland?
The starting point is the keeper of the dog. The Animals (Scotland) Act 1987 makes the keeper strictly liable for injury caused by a dog biting or savaging a person, so the focus is on what the dog did rather than whether the keeper was at fault.
Liability can also arise in other ways. If the owner, or the person in charge of the dog, failed to take reasonable care to control it, a claim may be made in negligence. If the bite happened on someone's property, the occupier's duty to take reasonable care for visitors may also be relevant.
Can a dog walker or someone looking after the dog be responsible?
Potentially, yes. A dog walker, a friend looking after a pet or another person with actual care and control of the dog at the time may have legal responsibilities.
The owner may also remain responsible, for example if they did not take reasonable care in handing the dog to someone who could not control it.
Can you claim compensation after a dog attack?
If you have been bitten or attacked by a dog, you may be able to make a personal injury claim against the person responsible. Our solicitors for dog bite victims in Glasgow deal with these claims regularly.
Compensation in Scotland has two main parts:
- Solatium: compensation for pain, suffering, scarring and the effect the injury has on your everyday life.
- Patrimonial loss: financial losses such as lost earnings, treatment costs, care and other expenses.
There is no fixed figure for a dog bite. The value depends on your injuries, your recovery and your losses, and our guide on how much compensation you can claim for a personal injury in Scotland explains how it is worked out.
Do you need the police to be involved?
No. The Dangerous Dogs Act 1991 contains criminal offences for dogs that are dangerously out of control, but a criminal case and a compensation claim are separate. You do not need a conviction to claim, although a police report can be useful evidence.
Does the dog's breed affect liability?
Breed matters for criminal law, because some types of dog are banned, but it does not on its own decide who is liable for your injury. What matters is what the dog did and who was responsible for it.
What should you do after a dog bite?
- Get to safety and get medical help Move away from the dog and have the wound checked, as bites can become infected even when they look minor.
- Find out who the dog belongs to Note the name and address of the owner or the person in charge of the dog, and a description of the dog.
- Take photographs Photograph your injuries, the place where it happened and, if it is safe, the dog.
- Get witness details Take names and contact details of anyone who saw the attack.
- Report it Tell Police Scotland or the local council, particularly if the dog may be a danger to others.
- Keep records Keep medical notes, receipts and a note of any time off work and ongoing symptoms.
Our guide on what evidence you need to support a personal injury claim in Scotland goes into more detail.
What if you were partly to blame?
An insurer may argue that you contributed to what happened, for example by approaching or provoking the dog. If so, your compensation may be reduced to reflect your share of responsibility, but this does not stop a claim. Read more on whether you can still claim if the accident was partly your own fault.
How long do you have to make a claim?
Under the Prescription and Limitation (Scotland) Act 1973, a personal injury action must normally be raised within three years of the date of the injury. If you only became aware of the relevant facts later, the three years may run from that later date.
The court can sometimes allow a late action, but you should never rely on this. Our guide on how long you have to make a personal injury claim in Scotland explains the rules.
How can a solicitor help with a dog bite claim?
A solicitor can identify the keeper and any insurer, gather evidence, value your claim and deal with the other side for you. If the dog belongs to someone you know, the claim is often dealt with by their insurer, and many claims settle without going to court.
At Stewart Gordon Thomson Law Firm, personal injury claims are handled on a No Win, No Fee agreement, and your agreement will set out exactly what you would pay if your claim succeeds.
Bitten or attacked by a dog? Speak to a solicitor, not a call centre. Your first hour is free and claims are No Win, No Fee.
Book a free consultation
