Dogs may be celebrated as man’s best friend but they are also territorial animals who can become aggressive when confronted by a stranger. There has been an ever-increasing number of news stories about dog attacks in recent years, some with fatal consequences.

In 2022, Energex meter reader Kane Minion lost his life when he was mauled to death by dogs at a property at Logan, south of Brisbane, in one of the most shocking examples of a recent dog attack. It’s estimated there are around 100,000 reported dog attacks in Australia every year, with about 2000 of these incidents requiring a hospital visit for the victim.

The increasing frequency of attacks raises the question of the legal responsibilities of dog owners in Queensland, and the options for legal action by a person who experiences a dog attack. We’ll take a closer look at these issues in this article but if you need prompt advice on this topic, speak with one of our professional team at Lifestyle Injury Lawyers as soon as possible.

Responsibilities of dog owners

Under Queensland’s Animal Management (Cats & Dogs) Act 2008, dog owners are responsible for the actions of their pets. This means that if a dog bites or attacks someone, the owner can be held liable for any resulting injuries and damages, even if the owner is not present at the time of the incident. The liability extends not only to the owner of the dog but also to anyone who is in charge of the dog at the time of the incident, such as a dog walker or caretaker, and is inclusive of incidents on both private and public property.

In Queensland, an owner can be held responsible for the actions of their dog regardless of whether they were aware of the dog's aggressive tendencies or past behaviour. Even if the dog has never bitten anyone before, the owner can still be held liable for a first-time attack in what is known legally as ‘strict liability’.

What type of claim is possible if you’re injured in a dog attack?

Dog attacks can be terribly debilitating for victims, in some cases leading to long periods off work and long-lasting psychological damage. Most commonly injuries are physical in nature – lacerations, puncture wounds, bruising and even fractures. But psychological injures such as anxiety, PTSD, depression and nervous shock can be even more serious.

In this situation the most common claim is a public liability claim seeking to compensate the victim for:

• medical expenses and future bills related to recovery and rehabilitation;
• lost wages;
• pain and suffering;
• past and future care and assistance.

To establish the dog-owner’s liability for the attack, the victim must demonstrate that the dog owner's negligence or failure to properly control the dog directly resulted in their injuries. Witness statements, medical records, and any other documentation of the incident will be crucial to proving the dog-owner’s liability and their obligation to compensate the victim.

The usual principles involved in establishing negligence apply – the victim needing to demonstrate that they were owed a duty of care by the pet owner, that the duty of care was breached and that as a consequence of the breach, they were harmed.

Can a dog attack be a criminal offence?

Yes, in cases where a dog attack results in serious injury or death, criminal charges may be pursued against the dog owner under Queensland's criminal codes. Reckless conduct by the owner where they were aware of their pet’s history of aggressive behaviour or did not take sufficient precautions to prevent an attack can result in large fines and even imprisonment.

In November 2023, in response to a number of serious dog attacks including the death of Mr Minion, draft legislation was introduced to the Queensland parliament proposing tougher penalties for irresponsible dog owners including up to $108,000 fines or up to three years’ jail for the owner of a dog that causes the death or seriously injures a person.

The new proposals included a statewide ban on certain breeds of dog, including American pit bull terriers, Japanese tosa, dogo Argentino and Perro de Presa Canario or Presa Canario – with concessions for existing owners.

Role of local government

Enforcing restrictions on dogs and their owners is generally the role of local governments in Queensland who have regulations in place to promote responsible dog ownership and ensure public safety. Regulations for owners include requirements for dog registration, microchipping, and fencing to prevent dogs from wandering off the owner's property. Local councils also have the authority to declare certain dogs as dangerous or menacing based on their behaviour. Owners of such dogs may be subject to additional restrictions and requirements to prevent future incidents.

Contact our compensation experts

If you've been bitten and injured by a dog in Queensland, it's essential to seek legal advice promptly. One of our experienced personal injury lawyers at Lifestyle Injury Lawyers can help you understand your rights and options for pursuing compensation. All compensation claims include deadlines on filing your claim so act as soon as possible if you’ve been involved in a dog attack. We will guide you through the legal process and advocate on your behalf to ensure that you receive fair compensation for your injuries and losses.