If a dog bites me, who is liable and how much can I be paid?

Question

José Manuel Alburquerque · Accepted Answer

Whoever keeps the dog or makes use of it is liable, even if it got away from them and even if they were not careless in any way. They only escape liability if the damage was due to force majeure, an event that could not be foreseen or avoided, or to your own fault, for example if you provoked the animal. The owner is obliged to give you their insurance details and you can claim directly against the insurer. There is no fixed amount per bite. Compensation covers the days until recovery, the after-effects, scars, expenses and any loss of earnings, usually with the statutory compensation scale for road traffic accidents (the “baremo”) as a reference. Who is liable The dog's owner or whoever has charge of it. If someone else was walking it, that person may also be liable. You do not have to prove that the owner was at fault. It is enough to prove that it was that dog that bit you and the harm it caused you. Your own fault can reduce or eliminate the compensation, for example if you provoked the dog or trespassed on the property where it was running loose. Dogs classed as potentially dangerous must be insured. Many others are covered by their owner's home insurance. If there is no insurance, the owner has to pay out of their own assets. If the dog has no known owner, you can claim against the town council within one year, because it has to collect abandoned animals, although such a claim is unlikely to succeed. How much you can be paid Judges usually take as a reference the statutory compensation scale for road traffic accidents, whose amounts are updated every year. It is used to value: The days until recovery, with a higher amount if you were in hospital or could not lead your normal life. Surgical operations, if there were any. The after-effects, in points and according to the victim's age. Scars, which are common with bites to the face and especially in children, are valued separately as aesthetic harm (disfigurement). Medical, pharmacy, psychological treatment and travel expenses, with the invoices to prove them. Any loss of earnings, if you can prove it. If the dog has bitten yours, you can claim vet's bills that are proportionate, in principle even if they exceed what the animal is worth. If your dog dies or is seriously injured, you can also claim for your own suffering and that of those who lived with it. What to do Ask the owner for their name, address, insurance details and the dog's health record, to find out whether it has been vaccinated. If they refuse, look for witnesses and call the local police. The dog's microchip makes it possible to identify its owner. Go to accident and emergency that same day and take photos of the wound and of how it heals. Make a written claim to the owner and their insurer. Before suing, you must try to reach an agreement, so your letter should make a genuine offer to negotiate rather than simply demand payment. If the bite happened in Catalonia, you have three years to claim. In the rest of Spain, one. The time limit usually runs from your discharge from medical treatment. Do not cut it fine and make a written claim as soon as possible, because that interrupts it.