Dog Bite Claims: Strict Liability And Willing Acceptance Of Risk

Recent data shows that dog bites have doubled since the Covid-19 pandemic and accordingly, personal injury claims involving them are becoming more prevalent.

The Animals (Scotland) Act 1987 imposes strict liability on a keeper whose dog causes injury by biting, savaging, attacking, or harrying.

However, Section 2(1)(b) of the Act provides a defence where the injured person willingly accepts the risk of injury. The Court has held the wording of section 2(1)(b) involves the willing acceptance of a risk of being injured by biting, savaging, attacking, or harrying.

The recent case of Heskin v Reynolds & Mackerron considered this question in unusual circumstances. The dog in question was a border collie called Mac who was purchased during the pandemic. In 2021, Mac’s owners instructed the pursuer who was an experienced dog trainer and breeder to help them. Mac’s behaviour was described as “Jekyll and Hyde,” and he would suddenly and without warning become ferocious and aggressive. Mac