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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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i live in an isolated farm nearest neighbour over 1.5 miles

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i live in an isolated farm nearest neighbour over 1.5 miles away an indian takaway got deliverd here by mistake and unfortunatly i was walking my dog in my field when the dog heard he delivery he bit the guy i have signs up stateing the dog could be roaming and another sign informing unexpected visitors not to leave car to sound horn and await response along with a sign explaining that reps or unexpected visitors will only be seen by appointment now i find myself been picked on by some solisitors from the other side of the country please could you advise
regards Tony
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

the insurance tell me i have no cover for the dog bite,although,i have buildings ,contents, employers and public liability.their in surance company are now asking me a series of questions,which are,my insurance information for the dog and pictures of the signage around the property.not sure wether i should respond to this information as it may leave me open to prosection.i find the situation very frustrating as the initial solicitors letter from them stated that they were delivering the meal here,got the time of the incident completely wrong and never mentioned their employers negligence in sending him to the wrong address.to clarify ,signage says 'possibility of dog roaming free' and 'please sound your horn and wait in vehicle' and'reps and visitors will only be seen with prior notice'.so questions i ask are,how to respond?and will photographs of my signage land me deeper in trouble?thanks

Expert:  Jo C. replied 2 years ago.
What was the date of this incident please?
Customer: replied 2 years ago.

incident date 9th jan,2014,recieved first letter from them (dated) 15th jan,we replied on the 24th jan,and we thought all was done with until we had a letter 30th june,2014 requeting more info.

Expert:  Jo C. replied 2 years ago.
Thanks.

Don't worry about being prosecuted. This was on private land and in January 2014 the Dangerous Dogs Act did not apply to private land.

The risk you face is just simply being sued. You may as well respond to the information. Refusing to do so will not mean that the risk is reduced. It might be that your signs protect you. Its difficult to say. If he is a trespasser then that does reduce the liability although you do still owe a trespasser a common duty of humanity.

That said, his injuries are probably very minor anyway. Despite what you read in the papers most dog bites in the UK are not severe.

If your house insurance doesn't cover you then there is no way around it.

You can get third party insurance very cheaply though by becoming a member of the Dogs Trust. It will not cover this incident but it will protect you in future.

In May of this year the law changed to extend the DDA 1991 to private land unless a person is there as a trespass so you need to replace your signs with ones that make it clear that any unvited visitors are trespassers.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

ok thanks jo


seems all to make sense the bite bearly broke his skin the original letter talked about loss of earnings rehabilitaion compensation and replacement of his clothes all seems a little harsh for a meal that my mate down the road orderd to his house on a regular basis


 


regards Tony

Expert:  Jo C. replied 2 years ago.
Yes, some people are very litigious.

He might get loss of earnings but you don't get a huge amount for delivering Indian takeaways so that won't be a ruinous sum.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
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