Dog Bite – Case Study 2
A dog attack occurred after two neighbours had been drinking and had a scuffle. A dog, belonging to one of the men attacked the other man. The bull terrier type dog inflicted significant damage to the man, he had bites to both legs which caused muscle damage and required surgery and skin grafts.
A claim was made to the CICA but rejected on two occasions as the Authority ruled that the dog acted of its own accord. The Claimant also had an unspent criminal conviction for violent crime, which can result in either no award, or a reduced award. An appeal was made to her Majesty’s Courts and Tribunal Service First Tier on the grounds that the dog acted in accordance with its masters reckless actions and therefore this was a reckless act in line with the requirements of the scheme. The appeal panel agreed and Claimant was awarded £6,400, reduced by 70% when the criminal convictions were taken into account.Subscribe to our newsletter
Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.
This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.