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Dog bite - personal injury damages

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Dog bite - personal injury damages

Postby capone17 » Sat Oct 28, 2017 10:37 pm

I am assisting a relative with defending a dog bite claim. The dog bit someone walking by. The relative did not see it happen and does not know whether the dog was provoked or not. The dog has never attacked anyone before. The claimant has already been given £2K under the Criminal procedure.

The claimant suffered a bite to their calf and but now claims they also injured their knees by alleging (untruthfully) that they fell to the ground. They also untruthfully alleged that the dog ran out of the house, bit them and then ran back into the house. This did not happen the dog was outside on a walk. The claimant was taken to the hospital who simply cleaned and covered the wound and told them to go home.

Anyway, given that they had already had £2k, can anyone point me to dog bite cases and specifically those relating to quantum. I think £2K is more than adequate for the injury but the claimant is seeking more. Thanks in advance.
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Re: Dog bite - personal injury damages

Postby atticus » Sat Oct 28, 2017 10:39 pm

How do you know the claimant did not fall when your relly did not see the incident?
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Re: Dog bite - personal injury damages

Postby 3.14 » Sat Oct 28, 2017 10:44 pm

Does it matter if the dog was provoked or not? Was the dog on a leash? Was it under control?
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Re: Dog bite - personal injury damages

Postby atticus » Sat Oct 28, 2017 10:46 pm

You need to find the Judicial College Guidelines for Personal Injury awards. Maybe your local library can help. It's not available on line.
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Re: Dog bite - personal injury damages

Postby capone17 » Sat Oct 28, 2017 11:41 pm

The relative did not see the dog bite. He saw the claimant sit down themselves they did not fall. Yes the dog was on a leash and yes it does matter if it was provoked or not. Dogs do not generally attack people and this one has never done so previously. I am referring to a civil claim rather than a criminal (in which it does not matter).
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Re: Dog bite - personal injury damages

Postby dls » Sun Oct 29, 2017 6:54 pm

Damages are calculated quite independently of the cause. This particular issue is entirely the nature of the injury and its effect.

Prior to that are the issues of negligence or otherwise, causation, and the actual events.

Sorry, but dog owners should understand that they choose to take these things with teeth and unpredictable behaviour onto the streets, and it remains thir entire responsibility. I cannot imagine what it would be to provoke a dog. The simple act that the dog bit is enough to demonstrate its nature and the owner's failing. That does not excuse exaggeration or misdescription of the injury, but the only thing yet settled is that the owner underestimated his or her dog's bad temper, and miscalulated his or her control. Only once that dog owner shows a readiness to acknowledge that, can he or she begin to be credible as to the rest.

People do love their dogs. That is understandable and proper, but it often blinds them also to the reality of the dog they keep.
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Re: Dog bite - personal injury damages

Postby 3.14 » Sun Oct 29, 2017 7:08 pm

As a dog owner, I understand that my animals are essentially wolves with all of its instincts intact and only training and their good nature prevents them biting people or indeed myself.
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Re: Dog bite - personal injury damages

Postby blig » Sun Oct 29, 2017 7:11 pm

Search google for any law firm in the UK that represents those who have been bitten by dogs and you'll get some idea of quantum which varies enormously: a site I'm looking at gives cases where it was £2.5K and where it was £100K.

A few have tables with lines such as (for example): Scarring to other parts of the body - Minor £1,800 - £5,950

and I'm wondering whether the dog owner had home insurance that covers this sort of event? If so, get them to deal with it.
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Re: Dog bite - personal injury damages

Postby dls » Sun Oct 29, 2017 7:33 pm

and I'm wondering whether the dog owner had home insurance that covers this sort of event? If so, get them to deal with it.


Very good starting point
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Re: Dog bite - personal injury damages

Postby atticus » Mon Oct 30, 2017 5:55 am

Damages are awarded by reference to the injury, not the means of inflicting it.
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