Pictured: Karen Clarke
A recent BBC programme 'Death Row Dogs' highlighted the growing
problem of dangerous and illegal dogs in the West Midlands.
Although the majority of dog owners are responsible and care for
their animals, sadly certain individuals choose particular breeds
of dog, some of which are already illegal, for use in criminal
activities or as 'protection' dogs, creating an animal which is out
of control, aggressive and dangerous, through no fault of its own.
Many dog owners and victims alike will be uncertain of the laws
surrounding dog attacks. If you are the owner, are you liable if
your dog injures or attacks somebody? If you are the victim of an
attack, can you claim for compensation and press criminal
charges?
Karen Clarke, senior litigation assistant with Shropshire law
firm Lanyon Bowdler specialises in helping the victims of dog
attacks in claims for compensation. Karen comments "Responsible dog
owners would not be held responsible as they ensure their dogs are
kept under sufficient control so as to avoid causing injury. For
successful compensation claims a dog owner would only be
potentially liable for injuries if their breed of dog falls under
the Dangerous Dogs Act 1991 or if they had the knowledge that their
dog has previously shown a tendency of aggressive behaviour, or has
previously bitten."
"The Dangerous Dogs Act came into force in May 1991 and it
states that any Pit Bull Terrier, (Pit Bull Type), Japanese Tosa
and Fila Brazilliero, must be muzzled and on a lead whilst in any
public place. As these dogs are classed as 'dangerous breeds' any
injury caused will automatically lead to compensation, irrespective
of any previous incidents. Owners of these breeds are committing an
offence by not having them muzzled and on a lead, and failure to do
so can lead to a fine, or imprisonment for up to 6 months, or in
some cases both. In addition a clause within the Act, which is
applicable to all dogs in the UK, states any dog "dangerously out
of control in a public place" would also be liable for
destruction."
The programme "Death Row Dogs" gave an insight into this type of
dog behaviour and showed the devastation of a family torn apart
where their own dog had savaged their son to death. It also
demonstrated how the dogs suffer. Often cross bred in an attempt to
disguise the breed, they live with irresponsible owners who use the
dog for their own means either for organised dog fighting or when
dealing drugs. These dogs are left in poor living conditions
and are often mistreated. When discovered the dogs are often put
down and often this is through no fault of their own.
Karen summarises "I would urge anyone who has concerns about a
dog having a vicious nature to report it immediately to the Police.
Often attacks are not reported which means there is no evidence of
the owner's irresponsibility and no way of knowing what owners need
education on how to control the dog. Similarly there would be no
records of where owners are using dogs inappropriately."
For more information about Lanyon Bowdler, please visit their
website here: www.lblaw.co.uk