When it comes to dog attacks and being able to claim through the CICA, it can be difficult to satisfy the required criteria within the Criminal Injuries Compensation Scheme 2012.
Specifically paragraph 4: ‘a person may be eligible… if they sustain a criminal injury which is directly attributable to their being a direct victim of a crime of violence.’
On the face of it, a dog attack seems to fit the above description. However, there are specific things the CICA look for which would say otherwise. The main thing the CICA are looking for is that the Police first of all classify the incident as an assault and investigate as such.
In order to satisfy the above paragraph, an applicant would also need to be able to prove that the dog owner used the dog as a weapon within an assault (i.e. set the dog on the victim intentionally). This is where the evidence obtained by Police would be crucial to the success of any potential claim.
If the Police are unable to prove the assailant had intent to harm the applicant with their dog, it is highly likely that a claim submitted to the CICA will fail.
For example, on 12/08/2022 in Wigan, an elderly man was attacked by two loose dogs. He sustained a bite to his finger and is now suffering from flashbacks.
The owner has come forward to explain it was his friend who was with the dogs at the time of the incident but, despite this, has offered to pay for the vet bill in relation to the injuries the victim’s dogs sustained.
This is a situation which unfortunately would not qualify for a CICA claim. As explained above, the dogs were loose and therefore not used by the owner to cause injury.
However, this is not to say that victims of dog attacks cannot claim at all. It may be the case that you could be eligible for court compensation. Please see a previous article explaining further here. The Police will be able to advise in relation to eligibility and how to claim via the courts.
Further reading
Have you sustained a personal injury because of a dog bite?
Dog Attack – Case Study
Animal crime – Metropolitan police
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation regarding being a victim of a dog attack or any other criminal injury matter. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Gabrielle Henry joined Oakwood Solicitors Ltd in September 2021 and is a Paralegal in the Criminal Injury Department. Initially, Gabrielle completed work experience with Oakwood Solicitors within the …
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