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ARTICLE · 30 JUNE 2022

When a dog bites – the puzzling position in Queensland

In Queensland, very old common law rules apply, where all dogs are presumed to be tame and domesticated.

AustraliaLitigation, Mediation & Arbitration

Being attacked by a dog is both terrible and terrifying.

In the last two years there have been some 6,800 dog attacks across 13 Council areas in Queensland, with more than 415 dog attacks across the Sunshine Coast and Noosa in the past 12 months.

The victims of dog attacks often carry lifelong physical and psychological scars.

It would be reasonable to believe that if a dog attacks, that the legal position would be clear and that the person with the control of the dog would be strictly liable for the injury and loss suffered from the attack. That is the position in Australia – except in Queensland.

There is legislation in every other Australian state and territory which provides that persons with responsibility for dogs are strictly liable for the consequences of their attacks and for the damage and loss arising from the injuries suffered in the attack. It is not necessary to prove that the person with the responsibility for the offending dog was negligent.

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