INJURIES CAUSED BY DOGS

The law in this area is regulated by the Dog and Cat Management Act 1995 (SA) . Under the Act, the owner or person into whose possession a dog has been delivered is responsible for any injury, loss or damage caused by his or her dog [s 66]. An attack by the dog is not necessarily required. The injury, loss or damage could be caused by the dog in any way [see Elliott & Anor v Andrew[2009] SADC 31]. A victim only has to show that there has been damage and that this was caused by the dog. It is not necessary to show that the person who is responsible for the dog was negligent or knew that the dog was vicious or dangerous. However, where:

  • the dog was provoked
  • the damage was caused by another animal attacking the dog
  • the injury was to a trespasser
  • the dog was being used in reasonable defence of a person or property
  • the dog was in someone else’s possession or control without the owner’s consent, or
  • the injured person contributed to the occurrence of the injury

the person who is responsible for the dog may then be only partially liable or not at all.

In the case of Vanderkop v Harding[2000] SADC 100 a dog had attacked a postman and he made a successful claim under the Dog and Cat Management Act 1995 (SA) against the dog owner.

Most household insurance policies provide public liability cover for injuries caused by dogs on the owner’s property. All dog owners should make sure that they have this type of insurance. It is also possible to buy legal liability insurance which protects dog owners no matter where the injury occurs.

Options for compensation

There are three types of compensation claims that can be made where an injury is caused by a dog.

If a dog owner is prosecuted by the local council, the injured person can provide a list of his or her expenses to the council who can seek an order that the owner pays compensation [Dog and Cat Management Act 1995 (SA) s 47(1)(g)]. However, this option relies on prosecution by the local council and may be of little use if the owner has no money or assets.

Because a dog owner commits a criminal offence when a dog causes injuries, injured persons may be entitled to claim compensation for their injuries under the Victims of Crime Act 2001 (SA), see VICTIMS OF CRIME – Victim’s of Crime Compensation. Although the burden of proof is higher and the maximum amount of compensation much lower than what may be awarded against the owner under a Dog and Cat Management Act 1995 (SA) action, if the owner cannot be identified or does not have any money, assets or insurance, a victims of crime compensation claim may be the only claim worth making. If victims of crime compensation is awarded, the State of South Australia will pay the compensation and will try to recover the amount paid from the owner of the dog.

Another means of pursuing compensation is to take civil action against the owner of the dog under the Dog and Cat Management Act 1995 (SA) [s 66]. The amount that may be awarded is higher than under both of the other options discussed above. The injured person will have to prove (on the balance of probabilites) that the dog caused his or her injuries, loss or damage and determine the amount of money that will compensate him or her for those injuries, loss or damage. A person considering making a claim should seek legal advice from the Legal Services Commission, a community legal centre and/or a private lawyer.

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