Bringing a Claim Following a Serious Injury Caused by a Dog
The team here at McCarthy + Co Solicitors LLP has extensive experience in bringing public liability claims, and we have acted in numerous cases where clients have been injured in dog attacks. Dog bite claims are governed by the Control of Dogs Act 1986, which places strict liability on dog owners, making these claims, in principle, more straightforward than many other personal injury cases.
Who is liable and what you must show
Section 21 of the Control of Dogs Act 1986 makes the owner of a dog liable for damage caused in an attack on a person, and it does so on a strict liability basis. This is significant. You do not have to show that the dog had displayed any previous dangerous tendency, that the owner knew the dog was dangerous, or that the owner was in any way negligent. The fact that the dog attacked and injured you is, in itself, generally enough to establish liability, which is different from most personal injury claims, which turn on proving fault.
Responsibility rests with the dog’s owner, or with the person in charge of the dog at the time, and where the owner is a child, the head of the household is treated as the owner. There are limited defences, for example where the injured person provoked the dog, or was trespassing on private property, but these are narrow and depend closely on the facts. You will still need to prove that the attack happened and the extent of your injuries and losses, which is where evidence matters.
Restricted breeds and the XL Bully ban
Separately from the strict liability rule, Irish law imposes extra controls on certain dogs. Under the Control of Dogs Regulations 1998, a number of restricted breeds, including the Rottweiler, the German Shepherd, and the Bull Mastiff, together with their crosses, must be muzzled and kept on a short, strong lead in public, held by a person over sixteen who can control them. Since 2024, Ireland has also introduced a specific ban on XL Bully type dogs: it is now illegal to import, breed, sell, or rehome them, and, since February 2025, to own one without a Certificate of Exemption. Where an owner was breaking these rules at the time of an attack, that can further support a claim, though, because of strict liability, you do not need to rely on it.
Injuries and claiming for a child
Dog attacks can cause deep puncture wounds, lacerations, permanent scarring, nerve and tissue damage, and infection, as well as significant psychological effects, such as anxiety and a lasting fear of dogs. Compensation, assessed under the Personal Injuries Guidelines, can reflect both the physical injury, including any permanent scarring, and the psychological harm.
Children are bitten more often than adults, frequently on the face and head, and the physical and emotional effects can be long-lasting. A child cannot bring a claim in their own name, so a parent or guardian brings it on the child’s behalf, as their ‘next friend’. Any settlement must be approved by a judge, in a process known as an infant ruling, and the compensation is normally held by the Courts Service until the child turns eighteen. For a child, the two-year time limit generally does not begin until their eighteenth birthday, though it is far better to act sooner.
What to do after a dog attack
If you or your child is bitten, your health comes first, so seek medical attention promptly, since bites carry a real risk of infection. To protect a claim, as far as you are able:
- report the attack to the Gardaí and to the local authority dog warden;
- photograph the injuries at the time, and again as they heal, to record any scarring;
- keep any clothing worn at the time, unwashed, as it may be evidence;
- write down exactly what happened, including where and when, and the dog and its owner, if known;
- take the names and contact details of any witnesses; and
- obtain a formal medical record from the doctor or hospital that treated you.
If you would like to speak with a solicitor about the incident, you can arrange an appointment using our quick and confidential online form.
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Meet Liam Crowley
Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many product and public liability cases.
If you or your child has been injured in a dog attack, and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.
Frequently Asked Questions
Some of the questions we are often asked in relation to dog attacks.
Do I have to prove the owner was negligent?
No. Under Section 21 of the Control of Dogs Act 1986, a dog owner is strictly liable for damage caused in an attack, so you do not have to prove that the owner was negligent, or that the dog had ever shown dangerous behaviour before. Establishing that the attack happened and caused your injury is generally enough, which makes dog bite claims more straightforward than many other injury claims.
Who is responsible if the owner has no insurance?
The owner remains personally responsible for any compensation awarded, whether or not they hold insurance. If an uninsured owner does not pay, it may be necessary to enforce the award through the courts. We can advise on the practical position in your case, including whether any household insurance might respond.
Are some dog breeds banned in Ireland?
Yes. Since 2024, XL Bully type dogs are effectively banned: it is illegal to import, breed, sell, or rehome them, and, since February 2025, to own one without a Certificate of Exemption. A number of other breeds are ‘restricted’ rather than banned, and must be muzzled and leashed in public. These rules are about public safety, and a dog owner’s strict liability for a bite applies whatever the breed.
Can I claim for scarring or psychological injury?
Yes. Compensation can reflect permanent scarring, which is a significant factor, particularly for facial injuries and for children, as well as psychological effects such as anxiety and a fear of dogs. Both are assessed under the Personal Injuries Guidelines, and appropriate medical and, where needed, psychological evidence helps to establish them.
How long do I have to make a claim?
In most cases, two years, less one day, from the date of the attack or the date you became aware of your injury. For a child, the two years generally do not begin until their eighteenth birthday, although a parent can, and usually should, bring the claim earlier as the child’s next friend. Because evidence is best gathered promptly, early advice is wise.
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Useful Resources
Some links that you may find useful:
- Citizens Information – Control of dogs and owner responsibilities
- Dogs.ie – Irish banned & restricted breeds of dogs
- Injuries Resolution Board – Making a personal injury claim
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