I was bitten by my neighbour’s dog. My neighbour says that the dog had never bitten anyone before. He was on a lead and she says this was simply an accident and she is not responsible. Do I have grounds for a claim?

Yes. The legislation imposes strict liability on dog owners for injuries inflicted by their dogs. It is not necessary to establish foreseeability, or fault/negligence, in the manner that is usually required for successful personal injuries claims in Ireland. However, the issue which arises most regularly in cases such as this is whether the owner has the funds to satisfy a judgment which might be made against them – ie in legal terms, whether the person is a ‘mark for costs.’  Generally speaking, dog attacks  are often covered by the terms of the owner’s home insurance, or pet insurance policy, however.

I was collecting my own dog from Doggy Day Care when another dog attacked me. The dog didn’t actually bite me but I was knocked to the ground and broke my wrist. Do I have grounds for a claim for compensation?

Yes. A claim for compensation would be made against the dog’s owner and potentially against the owner of the Doggy Day care centre, depending on the circumstances, or arrangements in place. The fact that the dog is not with the owner at the time of the attack does not necessarily exclude the owner from liability, or responsibility for injuries sustained.

Will I be responsible for my dog even if my dog isn’t under my own control?

Generally speaking, yes. Accordingly, as with the scenario above, if you are making arrangements for your dog to attend at Doggy Day Care, or for a kennels while on holiday, I would suggest that you seek indemnity against any claims for compensation which might arise while your dog is not under control.

How long do I have to make a claim for compensation?

Generally speaking, an application should be lodged with the Personal Injuries Resolution Board (PIRB) within two years of the date of injury- the timeframe is extended for minors and for people who lack capacity, in the usual course. The application should be accompanied by a report from your doctor detailing your injuries, condition and prognosis.

How much compensation will I receive?

It is impossible to answer this question as compensation will be decided on a case by case basis, in accordance with the PI Guidelines. A claim for compensation will include compensation for pain and reimbursement of all reasonably incurred out of pocket expenses.