Dog bite compensation and Scottish law
Scotland has a long association with dogs. The recorded history of that relationship stretches back many thousands of years. In fact, the majority of early historical references to dogs in the British Isles involve Scotland. It is also interesting to note that some of the first legal-historical references to dog bite compensation in the British Isles are written in Scottish records.
While dog breeds in the early days of canine domestication were often more temperamental than they are now because of their closeness to their wild ancestors, dog bite compensation claims are still a very real issue in Scotland today.
It is not just the canine breeds typically associated with dog bites and aggressive behaviour such as the German Shepherd, Rotweiller or Bulldog that may cause someone to seek dog bite compensation. In addition there are the illegal fighting dogs kept by an unknown number of unscrupulous owners in Scotland. Illegal breeds include the Pit Bull Terrier and the Japanese Tosa. With dog bites involving these illegal fighting dogs, for who aggressive behaviour is part of their breeding, the issue of dog bite compensation should be relatively straightforward.
Yet, in truth, all dogs, from pampered poodles to gorgeous golden retrievers are potentially dangerous animals and Scottish dog bite compensation law rightly views them as such.
Being bitten by a dog can be both physically and emotionally traumatic. As well as causing scars that will sometimes never heal, the psychological repercussions can leave the person who's been bitten fearful of all dogs on the streets. The effects of this can be greatly debilitating.
The law affecting dog bite compensation is significantly different in Scotland to the dog bite compensation laws in the rest of the British Isles. Stipulations in the 1987 Animals Act mean that in Scotland, unlike the rest of the UK, there needs to be no evidence of a dog having previously demonstrated an aggressive nature for the owner to be considered liable for a dog bite compensation claim.
The definition of liability is made very clear in the Act: "For the keeper' to be strictly liable the dog must have caused the injury or damage by biting or otherwise savaging, harrying or attacking".
However, there are a few circumstances where dog bite compensation might be denied the claimant. They are relatively rare but are worth bearing in mind:
- If the injury was caused by provoking the dog
- If the person bitten accepted the risk
- If the person injured was trespassing on another person's property
If you do have a valid dog bite compensation claim, the good news is that the majority of dog owners have household insurance covering them for liability. Even in the exception of cases where they do not, there is often a way of successfully pursuing your claim.
Pursuing a dog bite compensation claim
Whether you've been bitten by a dog in Edinburgh, Glasgow, Aberdeen or Dundee, if you've suffered personal injury as a result of a dog bite in Scotland, here at YouClaim we have the legal know-how to help you.
We've fostered a strong relationship with our panel of personal injury solicitors who have extensive experience in dealing with dog bite compensation claims. In fact, they've earned us a proud success rate in winning no win, no fee accident claims.
Another great thing about YouClaim is that we will not charge you a penny at any stage of the compensation claim process. Win or lose, you will not incur any costs of fees. We are truly no win, no fee. It can even be said that we are also win, no fee. That is a guarantee.
It is little known fact that the sooner after the event you make your dog bite compensation claim, the greater its chances of success. So why not get in touch with us today. You can do so in one of three easy ways:
Request a call back at a time convenient to you, fill out one of our simple online claims forms, or speak to one of our friendly claims team now on 0800 10 757 95.
