Karen Walsh: I warned my neighbour his dog was aggressive and now it's bitten me

The law clearly states that an owner of an animal having charge and control of an animal shall have a duty of care to prevent damage by the animal.

Dear Karen,

I was walking along the road by our house last week when a neighbour’s dog, who I was always uneasy about, came out onto the road and up behind me and bit the back of my leg.

He drew blood - it is quite sore and I had to go to the hospital to get a tetanus shot and I am now resting at home.

I am very angry as I warned that neighbour that their dog was dangerous on a few occasions, and know other neighbours complained to them too. But he would not listen and did nothing and the dog was constantly coming out onto the road barking at passer-byers. What are my rights?

Dear Reader,

I am sorry to hear that, and I hope you will recover speedily. Being attacked or bitten by a dog is a terrifying experience. A dog owner is responsible for ensuring that his dog does not behave aggressively and cause injury or harm to someone.

The law clearly states that an owner of an animal having charge and control of an animal shall have a duty of care to prevent damage by the animal. In particular, the owner of a dog shall be liable in damages for injury caused in an attack on any person by the dog or for injury done by it to livestock. 

The person seeking such damages will not have to show any previous mischievous propensity in the dog. Section 21 of the 1986 Act has abolished the maxim which stated that the “dog was entitled to his first bite”, and the 1986 Act now imposes a liability on the owner of the dog for all injury caused to a third party. 

Strict liability is imposed on the offending dog’s owner. 'Strict liability' means that the plaintiff need only prove that the incident occurred and that the defendant’s dog was responsible.

Under Section 22 of the 1986 Act, it is possible to bring a complaint about a dangerous dog to the attention of the Local Authority or District Court. This is only in the case that the dog be deemed a danger to livestock or humans. It is possible to get an order for the destruction of this dog.

You could also bring a personal injury claim in the District Court for damages as a result of the injury suffered by you as a result of this dog against the owner of the dog. You would need to produce a medical report detailing your injuries. 

Proceedings would need to be served on the owner of the dog. It is now much easier to obtain compensation for a dog bite as you need only prove that the incident occurred. There is no need to show that the dog had a previous mischievous propensity or was prone to attacking people.

You need only prove that the dog attack occurred and produce evidence of injury, loss and damage to pursue a claim. It is not necessary to establish the negligence of the dog owner.

Some practical advice, if you have not already done so, would be to take photos of your injuries as soon as they occur and as they heal, keep the unwashed clothes that you were wearing at the time of the attack, keep a note of any witness who witnessed the attack and a note of what happened on the day.

You have not mentioned what type of dog bit you. The Control of Dos Regulations 1998 placed restrictions on some breeds deemed to be particularly dangerous or unpredictable.

These include American Pitbull, English Bullterrier, Staffordshire Bullterrier, Bullmastiff, Doberman, German Shepard, Rhodesian Ridgeback, Rottweiler, Japanese Akita, and Japanese Tosa. Examples of these controls are that the dogs must be kept on a suitable lead and supervised by a person over the age of 16 years and be capable of controlling the animal.

You also need a dog licence to own a dog legally in Ireland under the Control of Dogs Act 1986.

Under the Microchipping of Dogs Regulations 2015, a program of microchipping was introduced which states that all dogs must now be microchipped. A microchip can be implanted in any dog of any age.

Legally, they must be chipped by the time they are 12 weeks old, but they can be chipped earlier than that. The legislation brings greater traceability and increases the likelihood of claims being made against dog owners.

Karen Walsh, from a farming background, is a solicitor practising at Walsh & Partners Solicitors, 17 South Mall, Cork, and 88 Main Street, Midleton, Co Cork, and also the author of 'Farming and the Law'. Walsh & Partners also specialises in personal injury claims, conveyancing, probate, and family law.

Email:  [e-mail] 

Web: www.walshandpartners.ie

• While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.

Readers can email their questions for this column to Karen at  [e-mail] with the subject line "Farming question".