The owner of a dog or the owner of the property where the dog is ordinarily kept is burdened by obligations both under the common law and statute to prevent any personal injury being occasion to a person as a result of an attack by that dog.

ARE YOU ELIGIBLE
TO MAKE A CLAIM?

If injury does arise as a result of an attack by a dog then the owner of the dog or the owner of the premises where dog is ordinarily kept can be held liable for damages to compensate the injured person.

The owner of the dog is liable for all and any injuries caused by the dog wounding or attacking a person that occurs off the premises where the dog is ordinarily kept. That is, there is an absolute liability on the part of the owner of the dog for said wounding or injury.

If however the wounding or injury occurs on the property where the dog is ordinarily kept then the owner of the dog or of the property would not have imposed upon them the statutory liability unless the person attacked was lawfully on the property. Similarly, the statutory liability would not attach to the owner of the dog or the owner of the property where the dog was ordinarily kept if the attack by the dog was in response to or induced by intentional provocation.

WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?

The short answer is, as soon as possible following the attack. There is no reason for any delay. Upon engagement Brydens Lawyers will immediately commence enquiries into the attack for the purpose of identifying the owners of the dog and/or owners of the property where the dog was ordinarily kept who likely to be the defendants in the proceedings. Brydens Lawyers will commence recovery of all evidential material including any police report, council records and medical records. Once there is sufficient information available to establish the claim Brydens Lawyers will commence proceedings for the recovery compensation to which you are entitled without delay.

WHAT ARE YOU
ABLE TO CLAIM?

A person wounded or attacked by a dog who can establish liability on the part of the owner of the dog or the owner of the premises where the dog is ordinarily kept is entitled to recover modified common law damages for their injuries. The damages available are governed by the provisions of the Civil Liability Act 2002.

Firstly, the injured person is entitled to make a claim for non-economic loss. These are damages awarded to the person for their pain and suffering. The legislation provides that no claim for non-economic loss can be made unless the injured person can establish that the injury sustained equates to at least 15{cf72589c1a666166dc3c274d7029d0dfac747a89d4f9a5f2fba23817b039a248} of an extreme case. An extreme case would involve quadriplegia, paraplegia or some similarly horrendous injury. If the injury is assessed at being less than 15{cf72589c1a666166dc3c274d7029d0dfac747a89d4f9a5f2fba23817b039a248} of an extreme case then there is no award for damages under this heading.

The injured person is entitled to recover all reasonable and necessary medical treatment expenses. It is also open to the injured person to claim an allowance for future treatment expenses.

Any economic loss suffered as a result of the injury is also recoverable. This includes a claim for future economic loss or diminution in the earning capacity of the injured person.

If the injured person requires domestic assistance which is provided gratuitously or by commercial carers then a claim can also be made subject to restrictions imposed under the legislation. For the purpose of making a claim for gratuitous care it is necessary for the injured person to establish that the need for the care amounts to at least 6 consecutive months and 6 hours per week. Once this threshold has been achieved a claim can be made for the value of the gratuitous care that is provided by family members and friends.

Additionally, the injured person, when successful in prosecuting a claim, can recover from the owner of the dog or the owner of the property where the dog was ordinarily kept a significant proportion of the legal costs incurred in the proceedings.

WHAT IS YOUR
NEXT STEP?

Your next step is to content Brydens Lawyers. Brydens Lawyers are the expert in the prosecution of claims for injuries sustained as a result of a dog bite or dog attack. Brydens Lawyers will gather all the necessary evidence to establish ownership of the dog and the liability on the part of that person. Once there is sufficient evidence available proceedings will be commenced to claim damages to which you are entitled.

WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers are experts in the prosecution of claims for injuries sustained a result of a dog attack. Strict time limits apply to the prosecution of these claims. If you have been injured as a result of a dog attack then contact Brydens Lawyers today.

WE DO COMPENSATION LAW WELL. HERE ARE SOME EXAMPLES:

Over the years Brydens Lawyers have prosecuted many, many claims on behalf of persons injured as a result of a dog bite or dog attack. Claims have been brought on behalf of persons who have been attacked whilst walking along the street or even on their own property. If the attack occurs off the premises where the dog is ordinarily kept then does not matter where you are. In fact, we once prosecuted a claim for a person who was injured as a result of a dog attack in a shopping centre.

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LATEST NEWS FROM LEE


Well here we are, the beginning of yet another year. 2019 presents as the year of challenges and incredible opportunities. It is a time for us to build upon the success of 2018 and to ensure that Brydens Lawyers continues to establish itself as the pre-eminent law firm in NSW.

I am very excited about the year ahead. Brydens Lawyers will maintain its sponsorship of numerous NRL Clubs but this year adds the South Sydney Rabbitohs to its stable of stars. January also brings about an end to the season for the Brydens Lawyers Sydney Uni Flames.

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