Dog attacks: Who’s responsible when an animal causes injury
4 minute read
Dog attacks can be sudden, frightening and life-changing. And in those emotionally charged moments, it’s difficult to navigate the complex legal questions about who is responsible and who should pay for the harm caused.
Understanding how the law works and what steps to take after an attack can make a huge difference and help take some of the stress and uncertainty out of an already difficult situation.
Who is responsible when a dog attacks?
When the owner is responsible
In most cases, the person who owns or controls the dog may be held legally responsible if the attack occurred because they failed to take reasonable care to prevent it. This might involve:
allowing the dog to roam freely
not using a leash in a public space
leaving a gate open so the dog could escape
failing to muzzle or restrain a declared “dangerous” or “menacing” dog
ignoring known warning signs or council notices about the dog’s aggressive behaviour.
Most states and local governments have their own guidelines and expectations on what counts as reasonable care over pets. In Victoria, for example, the Domestic Animals Act 1994 sets out clear rules about leashing, fencing and registration. A dog must not be allowed to wander freely in public, and owners can face serious penalties if their dog attacks or bites someone.
When a dog carer may be responsible
Responsibility can also extend beyond the owner. If someone else was caring for or handling the dog at the time of the incident, such as a dog walker, house sitter or tenant, they may also share liability if they failed in their duty of care.
When a property owner may be responsible
In some situations, a property owner or landlord might be held partly responsible if the attack occurred because of unsafe fencing or poor containment.
When the person attacked may be responsible
There are times when it may be deemed that the person who was attacked is partially or fully responsible for what happened. This can include cases where:
they intentionally provoked the dog
the dog was acting in their owner’s or carer’s reasonable defence
they ignored warning signs (such as by walking up to a dog showing visible signs of aggression)
they trespassed illegally (particularly when the dog had not already been declared “dangerous” or “menacing”).
In Victoria, it’s possible that if you were attacked and do share some of the blame, you can still make a claim. Under “contributory negligence”, a judge might deem that a portion of the blame is yours (as an example, let’s say you were 20% to blame). That would still mean you’re owed 80% of all damages by those also responsible.
Who pays for damages after a dog attack?
This is actually a very different question from “who is responsible”. Because an owner may be deemed legally responsible, but more often than not, the owner will have public liability insurance included in their home, contents, or landlord insurance. And if that’s the case, it’ll be their insurance that pays, not necessarily the person.
But if the owner or party responsible doesn’t have insurance, things can quickly become more difficult. An uninsured dog owner who doesn’t own any significant assets might not be able to pay compensation awarded by a court.
How to make a claim after a dog attack
The moments after a dog attack can be chaotic and frightening. Taking the right steps early can help protect both your health and your legal rights.
Look after your health – First and foremost, look after your physical and mental wellbeing. While there are timelines and deadlines for certain public liability claims, it’s more important you prioritise your recovery than think too much about the legal logistics.
Be aware of deadlines to make a claim – Dog attack claims can be complex, especially when insurance and liability need to be established. Ensure the right evidence is collected before any deadlines pass.
Report the attack – Contact your local council to report the incident. Councils are responsible for investigating dog attacks and may issue fines, warnings or dangerous-dog declarations. In serious cases, police may also become involved.
Collect information and evidence – If you can, gather details about the dog and its owner, including names, addresses and registration information. Take clear photos of your injuries, the location, and anything showing how the attack occurred (for example, a broken gate or open fence). Witness statements can also be extremely helpful.
Keep a record of everything – Hold on to your medical reports, receipts for treatment, and any correspondence with the council, doctors, or the dog owner. If you experience anxiety, nightmares or other psychological symptoms, make a note of when they occur and how they affect you.
How Shine Lawyers can help in Victoria
A dog attack can leave lasting scars – both physical and emotional. Navigating recovery while dealing with council reports, medical bills and insurance questions can feel overwhelming. That’s where our Victorian Public Liability team can step in to help.
At Shine Lawyers, we have extensive experience running dog attack and animal injury public liability claims. We know how to investigate who was responsible, identify whether insurance coverage exists, and gather the medical and factual evidence needed to build a strong case.
Our lawyers will listen to your story, explain your options in plain language, and handle all communication with insurers and other parties on your behalf. We work on a No Win No Fee* basis, which means you won’t pay our legal fees unless your claim is successful.
If you or someone you love has been injured in a dog attack, you don’t have to face it alone. Contact Shine Lawyers for an obligation-free, confidential discussion about your rights and the next steps toward compensation.
* Conditions apply
