Dog Bite Injury Claims

Dog bites cause over 13,000 hospitalisations in Australia each year. If you have been bitten or attacked by a dog, you may be entitled to compensation from the dog's owner for medical expenses, lost income, pain and suffering, and ongoing treatment. Expert evidence on the dog's behaviour and the circumstances of the attack can significantly strengthen your claim.

Strict Liability — The Owner Is Responsible

In most Australian states, dog owners face strict liability for injuries caused by their dog. This means you do not need to prove the owner was negligent — only that their dog caused the injury:

What Compensation Can You Claim?

• Medical and surgical expenses: Emergency treatment, surgery, hospital stays, wound care, plastic surgery for scarring
• Psychological treatment: Counselling or therapy for trauma, PTSD, and fear of dogs (cynophobia) — particularly common in children
• Lost income: Time off work during recovery, reduced earning capacity if injuries are permanent
• Pain and suffering: General damages for the pain, fear, and ongoing impact of the injury
• Future treatment: Ongoing medical needs, scar revision, physiotherapy
• Property damage: Damaged clothing, broken glasses, veterinary bills if your own pet was also injured

How Expert Evidence Helps Your Claim

While strict liability means you don't need to prove the owner was at fault, expert evidence can significantly increase your compensation by:

• Characterising the severity of the attack: An expert can distinguish between a single defensive snap and a sustained predatory attack — this directly affects the court's assessment of damages
• Establishing foreseeability: Evidence that the dog had a history of aggression, was inadequately restrained, or was a breed with known risk factors strengthens claims for aggravated or exemplary damages
• Rebutting defences: Owners commonly argue the victim provoked the dog or was trespassing. Expert evidence about the dog's behavioural threshold and the victim's actions can counter these arguments
• Supporting psychological injury: Expert evidence about the intensity and duration of the attack supports claims for psychological harm

Defences the Owner May Raise

• Provocation: The victim deliberately provoked the dog (NB: a child patting a dog is not provocation)
• Trespass: The victim was unlawfully on the owner's property
• Contributory negligence: The victim's own actions contributed to the injury (may reduce, but not eliminate, compensation)
• Working dog exemption: Some states provide limited defences for stock dogs working on rural properties

Time Limits

Personal injury claims must generally be brought within 3 years of the attack (6 years in some circumstances). For children, the limitation period does not start until they turn 18. Report the attack to council immediately — the council investigation report is valuable evidence.