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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My Jack Russel dog was mauled by a Staffy/Bully type dog while

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My Jack Russel dog was mauled by a Staffy/Bully type dog while on a walk on our local Common. At the time the owner offered to pay the vet fees which ultimately amounted to £530. I called her to advise her of the fees and she requested we meet and brought her husband who has refused to pay stating the fact that neither his wife nor I can tell him precisely what happened. We heard the JRT scream and saw the Staff's jaws clamped round her thigh.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Do you have the owner's name and address?
Customer: replied 2 years ago.
I have the name and phone number but not the address.
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

You may call them and ask for their address or try and find it from other sources.

Once you have the name and address, I would suggest that you send them a letter setting out the incident, what you say, what the owner agreed at that time i.e. to pay the vet bill, and ask them to pay you the amount of the bill, enclosing a copy of the bill. You should ask them to pay by say 20th July 2014 failing which you may take legal proceedings against the owner to recover the money.

if the owner refuses to pay the money by that date, you may file a court claim online against him/her at www.moneyclaim.gov.uk

As part of your claim, you may include the court filing fees and interest at court rates in addition to the vet's bill.

May I help further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
HiI am sorry but the answer you have received is incomplete.If they refuse you their address then you will have to find it. You can use a tracing agent to do so but that does rack up the costs by about £50-£100 and you will not be able to recover it even if you do win.Further, you do have a claim under the Animals Act 1971. Its not as simple as just showing that their dog misbehaved and you suffered loss though. You have to show that there has been a previous incident sufficient to inform the owners that their dog presents a risk or some form of negligence. The case of Chaun v Paul is on all fours with this and it effectively says that having a dog off lead is not enough to amount to negligence. Of course, they may not defend on that point. They may just settle.If you are insured then you should just pass this onto them and they will recover. Your house insurance may cover this.Can I clarify anything for you?Jo
Expert:  UKSolicitorJA replied 2 years ago.
A tracing agent is an expensive option and should be the last resort, you may use free online search facilities to try and get her address.

My advice to file a court claim was based on the premise that the owner had agreed to pay the vet's bill and my colleague's advice does complicate matters for you as I do not see how you would prove that the owner knew about their dog presents a risk etc.

Hope this clarifies
Expert:  Jo C. replied 2 years ago.
Hi

I am sorry but you cannot bring a claim against them merely because they agreed at scene. That does not constitute liability.

If they refusing now then you must sue them to recover and show liability under the Animals Act 1971.

Generally people focus upon negligence rather than previous incident.

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