Dog attack claims Scotland
Being attacked or bitten by a dog can be a frightening and traumatic experience. Injuries can range from minor puncture wounds to severe lacerations, nerve damage, scarring, and significant psychological harm. If you were attacked by a dog in Scotland, the dog's owner or keeper may be legally responsible for your injuries and losses.
TL;DR: Dog owners and keepers in Scotland can be held liable for injuries caused by their animals. You have three years to claim. No Win No Fee applies. Call 0800 123 4567 for a free assessment.
What law governs dog attack claims in Scotland?
Dog attack claims in Scotland are governed by the Animals (Scotland) Act 1987. Under this Act, the keeper of an animal (usually the owner, but also anyone who has the animal in their possession or care) is liable for injury or damage caused by the animal if:
- The animal belongs to a species whose members are likely to injure a person severely if they attack (this includes domestic dogs in certain circumstances)
- The injury was of a kind that the animal, if it attacked, was likely to cause
This is a form of strict liability. Unlike a general negligence claim, you do not need to show that the keeper was careless or that they knew the dog was dangerous. The fact that the dog caused the injury is sufficient to establish liability in most cases.
Does the dog need to have bitten someone before?
No. The old "one-bite rule" that existed in English law (and was sometimes wrongly applied in Scotland) does not apply under the Animals (Scotland) Act 1987. You do not need to show that the dog had a history of aggression or had bitten anyone before.
What if the dog owner claims I provoked the animal?
The owner may raise provocation as a defence. If the court accepts that you deliberately or recklessly provoked the dog, this may reduce or eliminate liability. However, accidental provocation (for example, accidentally startling a dog) is treated differently from deliberate provocation.
Children who innocently provoke a dog are treated differently from adults. The courts are generally sympathetic to child victims of dog attacks.
Who is liable for a dog attack in Scotland?
Liability rests with the keeper of the animal at the time of the attack. The keeper is defined as:
- The owner, unless the dog was in the possession or care of another person
- A person who has the animal in their possession with the owner's consent
- The head of the household where the animal is kept, if the keeper is a child under 16
In practice, this means the dog owner is usually liable, but where a dog has been left in the care of a neighbour, a dog-sitter, a kennels, or a family member, that person may also bear liability.
What types of injury can you claim for?
Physical injuries caused by dog attacks can include:
- Puncture wounds and lacerations
- Crush injuries from a powerful bite
- Facial injuries, including scarring
- Nerve damage
- Tendon and ligament damage
- Infections (including from bacteria in dog saliva)
- Falls caused by a dog jumping up or knocking someone over
Psychological injuries are also compensable and are a significant element of many dog attack claims, particularly those involving children. PTSD and a fear of dogs following an attack are recognised conditions in personal injury law.
Are there special rules for dangerous dogs in Scotland?
Scotland participates in the UK-wide Dangerous Dogs Act 1991, which bans certain types of dog (including pit bull terriers and similar types) and imposes strict liability on owners of dogs that dangerously attack a person in a public place or a private place where the dog is not permitted to be.
Under the Dangerous Dogs Act, an owner may also face criminal prosecution alongside a civil compensation claim. A criminal conviction supports the civil claim.
How much compensation can you receive for a dog attack in Scotland?
Compensation depends on the nature and severity of your injuries.
Indicative general damages ranges
| Injury severity | Approximate range |
|---|---|
| Minor bites, full recovery within weeks | £1,000 to £3,500 |
| Moderate lacerations, some scarring | £3,500 to £12,000 |
| Significant scarring or nerve damage | £12,000 to £35,000 |
| Severe facial scarring | £25,000 to £90,000 |
| Severe physical injury (loss of function, serious nerve damage) | £35,000 to £100,000+ |
| Significant psychological injury alongside physical injury | Added to physical injury figure |
Special damages
You can also claim for lost earnings, medical treatment costs (including private scar treatment or reconstructive surgery), psychological therapy, and any other financial losses caused by the attack.
What if the attack happened on public land?
If the attack occurred on a public road, park, footpath, or other public place, the claim is made against the dog's keeper directly. Their home insurance policy often covers dog attack liability. Some dog owners also hold specialist pet liability insurance.
What if the attack happened on the owner's private property?
Under the Animals (Scotland) Act 1987, liability can still arise even on the keeper's own property. The Dangerous Dogs Act also applies to attacks on private property where the victim had a right to be (for example, a postal worker, meter reader, or invited guest).
What is the time limit for a dog attack claim in Scotland?
Three years from the date of the attack under the Prescription and Limitation (Scotland) Act 1973. For child victims under 16 at the time of the attack, the three-year period starts on their 16th birthday, giving them until their 19th birthday to claim.
Is a dog attack claim handled on No Win No Fee?
Yes:
- Nothing to pay to start your claim
- Nothing to pay if your claim is unsuccessful
- You keep 100% of your compensation if your claim succeeds
Frequently asked questions
What if the dog owner does not have insurance? If the dog owner has no insurance, a claim can still be pursued against them personally. If they do not have the means to pay, recovering the judgment can be more difficult in practice. Your solicitor will advise on the practical options in your specific case.
Do I need to report the attack to the police? You should report a dog attack to Police Scotland, particularly if the dog is dangerous or may attack others. While reporting is not legally required to bring a civil claim, it creates an official record that supports your case.
What if my own dog was attacked? The Animals (Scotland) Act 1987 covers damage to property, including harm to another animal. If your dog was injured by another dog, you may be entitled to claim for veterinary costs and the value of the dog.
Can a child claim for a dog attack? Yes. Child dog attack claims are common. A parent or guardian can bring the claim on the child's behalf. The three-year period starts on the child's 16th birthday.
What evidence should I collect after a dog attack? Photograph your injuries immediately. Get the dog owner's name and contact details. Obtain witness details. Attend a GP or A&E. Keep receipts for all medical costs. Report to Police Scotland. Contact a solicitor as soon as possible.
Start your dog attack claim today
Call 0800 123 4567 for a free, no-obligation assessment. We handle dog attack and dog bite claims across Scotland on a No Win No Fee basis.
