Injury sustained protecting dog from attack by another dog – award of £7,900

Claimfordogbite.co.uk received instructions from the client who had been the subject of a dog attack whilst out walking her Cavapoo. The circumstances of the incident were that, without warning, the client’s Cavapoo was attacked by the opponent’s Greyhound. As the opponent did not intervene, the client attempted to prise the opponent’s dog’s teeth away from her own using her hands and as the opponent’s dog released the client’s dog its teeth caught on the Claimant’s left leg.  As a result of the attack the client sustained injuries to the hand and left leg and her dog was also injured.

Investigations were made for the relevant documentation in relation to the claim to be obtained which included veterinary records and other documentation.

A Letter of Claim was prepared and sent to the opponent and was passed from the opponent to his insurers. The opponent’s insurers denied liability and maintained that the incident was caused as a direct result of the client’s actions.

Claim for Dog Bite.co.uk continued to fight the case on behalf of the client and requested disclosure of documentation. This was not forthcoming and therefore a successful Pre-Action Disclosure Application was made. Full disclosure was subsequently provided, and the parties’ respective positions were analysed.

Counsel was involved by Claimfordogbite.co.uk to ensure that the client’s position was reasonable. Counsel confirmed that the client’s case was a reasonable one, with the opponent likely being liable.

Claimfordogbite.co.uk continued to investigate the claim and steps were made for the client’s medical records to be obtained and considered. These supported the client’s version of events in relation to her injuries to her left leg and hands. Additionally, the client had been psychologically affected as a result of the incident.

It was necessary for medical evidence to be obtained in support of the client’s claim and instructions were given to a Consultant in Emergency Medicine and a Clinical Psychologist. The medical experts confirmed that the client had sustained dog bite injuries and as a result had developed Post-Traumatic Stress Disorder with CBT treatment being recommended.

On account of the opponent’s liability denial, it was necessary for proceedings to be issued. Court proceedings were therefore issued and served. The Defence maintained the pre-action position.

Following the service of the Defence, the opponent put forward an offer to settle the client’s claim in the sum of £7,900.00, which was accepted by Claimfordogbite.co.uk on behalf of the client.

The client was delighted with the outcome as the incident was traumatic for her and despite liability being denied by the opponent a reasonable settlement was achieved due to Claimfordogbite.co.uk’s work in support of her position.