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 on 22 January 2020 the Claimant, who was a self-employed delivery driver for Amazon, attended at the Defendant’s property to deliver a parcel. The Defendant was not present at the property and the Claimant had been given instructions to leave the parcel in the garden. As the Claimant entered the garden the Defendant’s dog, who was unrestrained, ran up and bit the Claimant on the leg. On account of the Defendant’s breach of duty and/or negligence personal injury was caused to the Claimant.
Detailed initial instructions were received from the Claimant in relation to the incident circumstances and the background to the claim. Investigations were undertaken to obtain the background information and clarify the specific issues in relation to the claim.
The Letter of Claim was prepared and forwarded to the Defendant on 31 March 2020.
On 14 July 2020 the Defendant provided their formal letter of response, which confirmed that liability was denied.
Analysis took place in relation to liability and the Claimant’s medical records were obtained and considered, with the same supporting the Claimant’s version of events. Counsel was involved due to the liability denial, with Counsel confirming that the case had prospects.
As a result of the incident the Claimant attended hospital and experienced ongoing symptoms. On account of the Claimant’s symptoms it was necessary for a medical examination to be undertaken and for a medical report to be obtained in support of the Claimant’s claim for compensation.
Instructions were given to an A&E Consultant, who prepared evidence dated 16 July 2021. The expert confirmed that the Claimant sustained a number of dog bite wounds which affected him for a period of 4 weeks. The expert also noted that the Claimant was also psychologically affected as a result of the incident.
Due to the Claimant’s psychological symptoms, instructions were given to Dr Kathryn Newns, Clinical Psychologist, who prepared evidence dated the 13th of November 2021. The expert confirmed that the Claimant had sustained symptoms including intrusive thoughts, poor sleep, avoidance phenomena, and anxiety as a result of the index incident.
On 16 February 2022 the Claimant put forward a Part 36 offer of £2,478.68, which was not accepted by the Defendant. Due to the dispute in relation to liability steps were taken towards the issue of proceedings.
On 5 April 2022 the Defendant finally confirmed that liability was now accepted and responded with a Part 36 counter offer of £2100.00, which was accepted by the Claimant on 19 April 2020, thus concluding the matter save as to costs.
The matter was funded by a CFA with the Claimant which covers all work from the inception of the claim. No additional liabilities are claimed from the paying party.
Case Studies
A selection of recent dog bite claim success stories.
Mike Massen, a partner in the dog bite injury team at Ison Harrison Solicitors.
