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Dangerous Dog Cases

Dangerous Dog Cases.

Dangerous Dog Cases2022-03-01T06:48:29+00:00

Dangerous Dog Offences

Dangerous dog offences are usually dealt with under the Companion Animals Act 1998 (“the Act”) and also covers all kinds of companion related offences from your pet attacking people/other pets or animals, to offences relating to owning a restricted dog. The Act is applicable in conditions where a dog has done an act that warrants a proclamation that the dog is either “dangerous” or perhaps “menacing”.

Section 33 of the Act describes “dangerous” to be where the dog:

  • Has, without provocation, bitten or killed a person or animal (other than vermin); or perhaps;
  • Has, without provocation, consistently threatened to attack or consistently chased a person or animal (other than vermin); or perhaps;
  • Is kept or employed for the purpose of hunting.

Section 34 of the Act lets an authorized officer or Council to make a finding that a dog is actually a “dangerous dog” or “menacing dog” if perhaps satisfied of the following aspects.

Dangerous Dog:

  • The dog is dangerous; or perhaps
  • The dog has been declared to be a dangerous dog under a law of another State or maybe Territory that corresponds with this Act

One of the most important things to do right now is to understand your options by seeking legal advice as soon as possible. In most cases, a claim for compensation with the TAC must be lodged within 12 months of the accident. Get in touch with us as soon as you can and we can help you with your next steps.

Click here to learn how to make a claim

Your entitlements

Even if you were at fault in the accident, you may be entitled to:

  • Medical expenses and care
  • Weekly payments for loss of income
  • Lump sum impairment benefits
  • Other expenses such as rehabilitation equipment and medical aids, and home and vehicle modifications

Understanding common law claims

In a road or transport accident case, a common law claim involves taking action against a negligent party. So, if another person was at fault for your accident and you have a serious injury, you may be entitled to claim damages through a common law claim.

For example, if the driver of the other car ran a stop sign, causing the accident, then you may be entitled to common law compensation. This can compensate you for your pain and suffering, loss of enjoyment of life, and past and future financial loss which is in addition to your other Transport Accident Commission (TAC) entitlements.

Meet the team

When you work with us, you’ll have your own team of legal experts looking after your case. Experienced and always working for your success, they will work closely with you to achieve the best outcome possible.

Frequently Asked Questions

In-home or in-hospital appointments2022-01-21T09:44:28+00:00

We understand that there may be circumstances where you may not be able to travel.

We have offices nationwide.

We’ll make sure we can get to you.

85 years of experience means we’re experts in the process2022-01-21T09:46:25+00:00

We’ve been representing injured people for over 85 years. We are efficient, know the system and are confident we can help you. The legal team looking after your claim will include your lawyer, legal assistants and some of the most highly trained support staff in the industry.

Free social work services2022-01-21T09:47:54+00:00

We understand that seeking compensation is only one aspect of your journey after a life-changing accident. We know you need support, and we help provide it where you need it.

Contact us for a free initial appointment2022-01-21T09:50:12+00:00

We know that making a claim can seem daunting and it’s hard to know where to start. We can give you the information and guidance you need to assess your options,and help make the process less stressful. In this appointment, we’ll answer any questions and help you decide on the best course of action for you.

Learn more about your free initial appointment.

Make a claim2022-01-21T09:51:40+00:00

You’ll need to make a claim with the insurance company or government agency that manages these types of claims in your State. In Victoria, this is the TAC.

Learn more about making a TAC claim

We’ll gather your evidence2022-01-21T09:53:29+00:00

Once you choose Taxcellent Consulting Services, we’ll begin gathering evidence on the accident to prepare your case.

You’ll attend joint medical examinations2022-01-21T09:54:54+00:00

So we can get a better understanding of your injury and the impact it has on your life you might need to get an independent medical examination to assess your injury. We’ll arrange these appointments for you.

Resolving your case2022-01-21T09:56:42+00:00

We’ll help support you at every step of your journey to get you the compensation you deserve. While it’s very rare for cases to proceed all the way to court you can be confident of the best legal representation including a specialist barrister when it’s required.

Learn more about what to expect

No win, no fee*

Our insurance claim lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

Menacing Dog:

  • The dog is menacing; or perhaps
  • The dog is of a menacing breed of kind of dog (or cross-bred thereof); or maybe
  • The dog has been announced a menacing dog under a law of a different State or a Territory that refers with this Act.

Dog Attacks:

Section 16(1) of the Act makes it to become an offence for a dog to attack another person or animal. So as to satisfy the standards of the offence, it ought to be proven that:

  • The dog rushed at, attacked, bit, harassed or even hunted down another person or animal; and also.
  • Whether the owner was present or not.

This too extends to dogs who are not yet declared to be dangerous or even menacing.

Section 17(1) likewise make it an offence for a person to motivate a dog (whether or not the dog is dangerous, menacing, or restricted) to attack another individual or animal.

Section 35A Crimes Act 1900 can also hold people criminally accountable for dog attacks in situations where the attack leads to grievous bodily harm or genuine bodily harm. In order for it to be charged with this particular offence, the Prosecution must prove the following beyond a reasonable doubt:

  • You have control of the dog;
  • You brought on an act/omitted to do an act for the dog to inflict grievous bodily harm/actual bodily harm on another; and also
  • You were careless as to the injury that may be triggered to the person.

Defence: The following defences may be open to you:

1. Duress – should you or your dog were forced to act in a particular way because of the circumstances you were faced in;

  1. Necessity – should you or your dog were compelled to do something that prevented a greater damage from happening; and
  2. Self-defence – should you or your dog are safeguarding yourself and/or someone else or yours or another person’s property or home.

Penalties: The types of penalties rely on whether you are charged under the Companion Animals Act or the Crimes Act. The below penalties can apply to you:

-Offences in conditions where your dog is declared dangerous or perhaps menacing –

a. Approximately 700 penalty units and/or 5 years imprisonment;

b. Permanent disqualification from possessing a dog; and/or

c. Pursuant to section 48 – an order that your dog be ‘destroyed’.

-Offence under the Crimes Act – optimum penalty of 10 years imprisonment.

 

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