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Compensation

There are three types of compensation claims that can be made where an injury is caused by a dog. If a dog owner is prosecuted by a local council, the injured person can provide a list of his or her expenses to the council who can seek an order that the owner pays compensation [Dog and Cat Management Act 1995 s 47(1)(g)]. However, this option may be of little use if the owner has no money or assets.

Another means of pursuing compensation is to take civil action against the owner of the dog; this is called a common law claim. The possible amount that can be claimed is higher than under either of the other options discussed. The injured person will have to determine what amount of money will compensate him or her for the injuries. It is advisable to see a private lawyer or seek legal advice from a community legal centre or the Legal Services Commission.

Because a dog owner commits a criminal offence when a dog causes injuries, injured persons are entitled to claim compensation for their injuries under the Victims of Crime Act 2001 , see who can claim compensation? Although the amount of compensation that can be awarded under the Act is less than what can be awarded against the owner in a common law claim, if the owner cannot be identified or does not have any assets or insurance a victims of crime compensation claim may be the only claim that can be made.

If victims of crime compensation is awarded, the State of South Australia will pay the compensation and will try to recover the amount paid from the owner of the dog.

Compensation  :  Last Revised: Tue Sep 16th 2003




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