Lawyers warn of civil damages from dog attacks

LAWYERS are warning dog owners to be aware of their legal responsibilities in the wake of a Nambucca Valley dog attack.

As previously reported in NOTA, 91-year-old Shirley Laverty suffered a dog attack in her Macksville garden in late January that resulted in hospitalisation with significant injury and trauma.

While there is no public information available about resulting actions by police or Nambucca Valley Council, aside from the two dogs involved being euthanised, Shine Lawyers say they are investigating legal options for civil damages for Mrs Laverty.

Shine Lawyers’ Emily O’Connor said many owners don’t realise they are liable for any injury to people or damage to property caused by their dog.

Dog owners should also realise that civil damages are distinct from fines issued by councils or the police.

Ms O’Connor said dogs are often covered under home insurance, even if a dog attacks someone away from their home.

Another Shine client, who lives nearby to Mrs Laverty, is still recovering from injuries received in a dog attack in his yard several days before the attack on Mrs Laverty.

Ms O’Connor said she has handled four severe dog attacks in seven months in the local area where people have sought legal advice.

“Most people don’t know that they can seek legal advice after a dog attack,” she said.

Civil damages can be sought for medical bills and any property destroyed, such as expensive glasses and/or clothing and, in extreme cases, for trauma caused by an attack.

By law, dog owners must have adequate control of their dog at all times, at home and in public.

For example, a dog off lead in the street that ignores its owner and attacks another dog or a person is clearly not under control, whatever its past history might have been.

“At the end of the day, as a dog owner you have the responsibility to ensure that your dog does not damage property or injure people,” Ms O’Connor said.

Dog owners have a defence if someone has deliberately provoked a dog or has entered premises illegally and the dog is protecting the property.

By Andrew VIVIAN