My son was bitten by the neighbours dangerous Rottweiler; can he claim cartilage injury compensation?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Your son should be able to claim cartilage injury compensation if negligence can be attributed to the dog’s owner. If the dog was known to be a danger to people and the neighbour still allowed your son to pet it – or if it was not wearing a muzzle as is required by law – your son may be entitled to claim compensation for his injury. However, it should be noted that in order to pursue such a claim, the dog owner must have owner’s insurance or be covered by a household policy.

There are some other issues you must consider before your son pursues his cartilage injury compensation claim. The first is the matter of your son’s age. If he is under eighteen years, he will need a representative (a parent or guardian, known as a “next friend”) to make the claim on his behalf. Alternatively, he could wait until he reached the age of majority to make in claim, in which he would have two years to do so, under the Statute of Limitations.

Assuming that you would act as your son’s “next friend”, it is important to note that his physical injury must have been treated by a professional medical practitioner after the incident occurred as any substantial gap between the date of the accident and the date the injury was recorded in his medical history may see his cartilage injury compensation claim contested.

To further support your son’s claim, you should also have reported your son’s accident to the local Garda station and it would have been advantageous to collect the details of any witnesses to the accident.

You would be well advised to contact a solicitor at the first practical moment to discuss the circumstances of your son’s cartilage injury compensation claim. Claims such as these may be difficult to negotiate and the presence and assistance of an experienced solicitor would be invaluable under these circumstances. Your solicitor will ensure that every element of your son’s claim is considered; not only the pain and suffering he has experienced but also any emotional trauma that your son could potentially suffer with, his loss of amenity and for any financial expenses that may have been or will be incurred in the future that are directly attributable to your son’s injury.

Most solicitors offer an initial consultation without charge where they can answer any questions regarding your son’s claim and can determine whether or not he has a claim worth pursuing.