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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi looking for advice on a court hearing for my dog causing

Customer Question

Hi looking for advice on a court hearing for my dog causing an injury (not a dog bite) to a victim (but does have a contingent destruction order from a previous incident).My dad received a letter from the police to attend a court hearing on 10th December for our dog a lurcher/ irish wolfhound cross under section 3(1) and (4) of the Dangerous Dogs Act 1991.In July 2014 our dog escaped from our home and business premises to outside where people were calling and shouting our dog to coax him back inside. a lady who knows our dog (she always gave him food and kisses through the gates every time she saw our dog) tried to get him to get back inside. And I think with everyone else shouting at him to get him back inside it made him scared and he unfortunately jumped on the lady he knows causing her to stumble to the ground (he normally jumps up to the gate and fence to get kisses from her so I think this is why he jumped on her) and broke her left hip (she has fragile bones from an illness) and there was no dog bite.We were so upset and kept asking her if she is ok, put a blanket over her and made sure she was ok when the ambulance arrived. The police also came at that time and the injured lady told the police that she just fell and no dog injured her (I did say to her beforehand to tell the truth about our dog jumping on her because I felt really bad my dog did that but she didn't want to get him put down because she loved our dog and said herself he seemed very scared from all the shouting).She went to hospital stayed there for a week after having a hip operation and we were still on good terms with her. We were always asking to see if she was ok and did she need anything. When she was back home she was fine with us for a while but I guess she changed her mind with friends and family probably saying to her to take action against us for compensation as we have a local business store. She stopped communicating with us since then.The police came late August for a statement from my dad as our dog is under his name. Now we received this letter for a court hearing and we don't know what to do as we have no pet insurance and will need to find out from home insurance if they can cover for us for this incident that is not a dog bite but still is a personal injury. And also the fact that I went to court last year for our dog biting someone while in public place.Unfortunately the dog bite incident from June 2013 is a contingent destruction order on our dog from when I was walking my dog he bit someone who was trying to stroke him while I was looking away for a moment. This incident wouldn't have gone to court if my dad didn't fail to tell me that police came in one day after that incident in June 2013 for our dog to wear a muzzle and lead at all times as a caution. But as I did not know this when I took my dog out several times after the incident with no muzzle on my dog, the victim reported me to police for failing to follow a caution that I was unaware of which unfortunately the court order the contingent destruction order in September 2013 as I didn't get advice until I requested for a duty solicitor on the day of the hearing.How much compensation can a victim claim for a hip injury by a dog?Now I'm really worried and upset with this incident causing serious injury without a dog bite that my dog will definitely be ordered to be destroyed by the court this time round. Is there any chance my dog will not be ordered to be destroyed? I'm absolutely distraught that my dog unfortunately injured this lady but I'm so scared I'll lose my dog. What could be the likely outcome for my dad and my dog?I hope someone can help me asap.Thanks.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Relist: I still need help.
The barrister who answered my questions still had another question for me to reply to
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
is there any way the person would withdraw the complaint?
Customer: replied 2 years ago.
Hi Alex, unfortunately it is very unlikely she will withdraw the complaint as she will not speak to us now because of her friends and family telling her to go against us. She has also partnered up with the other person from the dog bite incident in 2013 to get neighbours and locals to go against us.
Expert:  Ash replied 2 years ago.
Ok. In that case you need a very very good lawyer to stop the dog being destroyed.
I assume you will plead guilty as based on what you have said I do not think you have a choice. It then comes down to penalty. Given there is a contingent order, that really was the last straw. You need to try and convince the court not to order destruction. To be honest you need to prepare yourself for the work. The court must have been satisifed on the last occasion to make the contingent destruction order. Now it has been breached a year later, this does not look good.
Therefore you need a very pursuasive barrister I would suggest to present the argument for you. Sadly the fact you didn't get advice last time until late is not relevant.
As for compensation for a broken hip the criminal court is unlikely to wear this it would be the county court. Assuming there is full recovery within 12 months you are looking at around £5,000
I am sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clairfy anything for you about this today please?
Alex

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