Instructions were received on behalf of the Claimant in relation to a claim for damages arising out of a dog bite incident.
The background of the claim was that the Claimant attended at the Defendant’s property during the course of his employment as a delivery driver for Amazon. The Claimant left the parcel at the door and was walking back to the van when the dog escaped and bit him on the right shin.
The Claimant returned to his vehicle and telephoned his employees for advice who recommended that he attend hospital. The Claimant attended the Accident and Emergency department at the North Middlesex University Hospital. It was confirmed that the Claimant had sustained a graze to his right shin and surrounding soft tissue swelling. The Claimant was prescribed antibiotics and given a tetanus booster. The Claimant was unable to work for four days and upon his return, he was apprehensive when delivering parcels after what had happened. The Claimant’s injuries healed with three small areas of localised discolouration remaining. He experienced localised pain for two weeks following the accident.
Careful consideration was given to the background of the claim and the treatment provided. Steps were taken to obtain the Claimant’s medical records. Upon receipt of the relevant documentation, it clearly supported the Claimant’s version of events.
The Letter of Claim was prepared and forwarded to the Defendant on the 7th January 2021. In the interim, further investigations were undertaken and outstanding information was obtained. The Letter of Claim was acknowledged by the Third Party Insurers on the 25th January 2021 who confirmed they were making enquiries into the issue of liability. On the 20th April 2021 the Defendant admitted primary liability.
Steps were taken to obtain the Claimant’s full medical records from his GP and the hospital. The Claimant was examined by an A&E Consultant who confirmed the Claimant’s injuries.
Discussions took place between the parties in relation to potential settlement and on the 3rd January 2022 the Claimant put forward a Part 36 offer of £3500. The Defendant responded with a Part 36 counteroffer of £2800 on the 27th January 2022. On the 9th February 2022 the Claimant accepted the Defendant’s Part 36 offer of £2800 thus concluding the matter save as to costs.
The matter was funded by a CFA with the Claimant. No additional liabilities are claimed from the paying party.