Dog bite claims - why the keeper is to blame, not the animal

Daily Record

19 hours ago

Over the last few years, reports of dog attacks have become increasingly prevalent across news and social media, writes Damian White, Partner at Digby Brown.
The controversy around certain breeds is understandable, but most people know it's also misplaced and, sometimes, misconstrued.
It's not solely XL bullies, Dobermans, and Rottweilers - Digby Brown disagrees with the idea of bad breeds in general.
But we do agree with the notion of bad owners, and so does the law.
In Scotland, victims can get help via the Animals (Scotland) Act 1987. This law makes it clear that a dog keeper can be held strictly liable if someone is injured as a result of the dog 'biting or otherwise savaging, attacking or harrying'.
Strict liability means that, instead of an injured person having to prove why the keeper is to blame, the keeper instead has to prove why they are not to blame.
Strict liability does not apply in situations where the dog may have bitten as a form of self-defence, such as if the victim was deliberately playing rough or goading the animal into acting aggressively.
But the Act does not apply if a person is injured in what is clearly an accident, like being knocked over by a dog that jumped up affectionately.
The term 'keeper' is important to consider because the person who is at fault is the person who was in control of the dog at the time of the incident, and that might not necessarily be the owner.
This is common in cases where an owner leaves their pet with a professional dog walker - the walker doesn't become the dog's owner but does become the dog's (temporary) keeper.
This means that if a dog bites someone while in the care of a dog walker, the victim would claim against the dog walker, not the owner. (Canine professionals should have public liability insurance to deal with these circumstances.)
Likewise, a keeper can be a loved one or family friend who looks after a dog while the owner is on holiday.
We totally understand why people regard pets as being part of the family, but the reality is that the law essentially recognises dogs as property, and compensation is most commonly secured via one of the following routes, depending on the person who was in control of the dog at the time of the bite:
If the keeper is a private individual, a claim is most likely made against their pet or home insurance.
If the keeper is a professional service provider, a claim is most likely made against any professional insurance they have.
Digby Brown Solicitors has years of experience in helping people affected by dog bites, and dog bite compensation can be used to help people with:
One such person was art teacher Kristina Aburrow, who was mauled by a Rottweiler as she crossed the road in Aberdeen.
She was left with a four-inch gash on her left forearm and was shocked when the police took no action against the dog owner.