Over £7000 for a bite to right middle finger

Instructions were received from the Claimant in relation to a potential Dog Bite claim against the Defendant.

The background of the claim was that the Claimant was posting a leaflet through the Defendant’s letterbox on the 5th January 2020 during the course of his employment as a window cleaner when the dog bit him on his right middle finger. On account of the Defendant’s breach of duty, injury and loss were caused to the Claimant.

Detailed instructions were received from the Claimant in relation to the background of the claim and the injuries sustained by the Claimant. Steps were taken to obtain the Claimant’s medical records and the same was considered, corroborating the Claimant’s version of events.

The Claimant’s Letter of Claim was prepared and sent to the Defendant on the 28th January 2020. The Letter of Claim was acknowledged on the 19th February 2020. Liability was subsequently denied by the Defendant on the 6th July 2020. However, after further investigation, Defendant conceded primary liability subject to contributory negligence on the 8th April 2021.

Medical evidence was obtained by way of the report from an A&E Consultant received on the 11th September 2021. The expert confirmed in his report that the claimant’s wound had been stitched and X rayed, however, it had become infected and he had required three operations to open the wound and clean inside. He had been prescribed antibiotics and referred to physiotherapy but was unable to undertake treatment due to Covid 19 restrictions. The expert opined that the Claimant’s finger was mildly deformed and he had a loss of full extension his grip strength was reduced. Whilst the physical symptoms should improve moderately over a period of 2.5 to 3 years from the date of the index accident the loss of extension and reduction in grip strength will persist indefinitely.

The Claimant put forward a Part 36 offer in the sum of £11410.19 on the 18th November 2021. The Defendant then put forward a counteroffer of £7117.10 on a Part 36 basis which was subsequently accepted by the Claimant thus concluding the matter save as to costs.