How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3496
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

We run a rescue. We have a dog that is under one of our

Customer Question

We run a rescue. We have a dog that is under one of our contracts that has bitten someone. We would like some advice on liability.
Submitted: 3 months ago.
Category: Law
Expert:  Alex J. replied 3 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the injury caused by this caused by negligence? Can you tell me any circumstances surrounding the incident or claim made against you? kind regards AJ

Customer: replied 3 months ago.
Hi,We run an animal rescue charity and have a previous owner who we moved the dog from. We have a contract with this person which we hope indemnifies us.We moved the dog to a new foster carer with no contract (in error) and the dog has bitten the foster carers partner. The bite is severe. They would like the dog removing from their property.What would be the best course of action?
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. If it is normal practice to remove the dog and take it back into then this is what I would suggest you do immediately. In the mean time I would look at what assurance you gave to this family in terms of the dogs temperament? Did they ever suggest they were qualified to look after distressed animals? Have they actually made a claim against you? Kind regards AJ

Customer: replied 3 months ago.
The situation is that a dog that we have rehomed on a foster agreement was moved temporarily to an alternative foster home (without a contract in place). As far as I can gather the overall liability for the dog causing injury lies with the previous foster carer.However the foster contract states that we are the legal owner of the dog, but that the foster carer has liability for the dogs actions etc. As we are mentioned as the legal owner, I'm not clear if this means we are jointly liable for any injury to a member of the public.What we would like to know is how far the liability extends to us if we take the dog back into our kennels. I.e if the dog now bites our transport volunteers or a kennel staff member would we be liable and to what extend ( criminally or otherwise)?Prior to the dog being moved to foster it was assessed and vet checked and it was not considered dangerous. Now it has attacked the foster carers partner, I would like to know if we will be legally responsible if the dog injures someone again and to what degree?If we now rehome the dog, would we be considered negligent and is the only course of action to put the dog to sleep. We are a no kill shelter and would like to avoid this course of action where possible.Thank you.
Customer: replied 3 months ago.
If I upload the contract will it be private or public please?
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. If you upload the contract I will ask the site administrators to make it private. Kind regards AJ

Customer: replied 3 months ago.
Thank you. The contract actually displays as a link rather than a file upload. Can I ask for this not to be displayed?
Customer: replied 3 months ago.
This is a sample contract. Please remove once reviewed.
http://www.*********************.***.**/**********/?**=******
Customer: replied 3 months ago.
We have a digital signature that is time and date stamped.
Customer: replied 3 months ago.
No claim has been made against us, but we want to avoid putting ourselves in the position where this could occur.
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. I will review this now and revert to you as soon as possible. Kind regards AJ

Customer: replied 3 months ago.
Thank you. I'd be grateful if you could remove the link to the contract following this.
Expert:  Alex J. replied 3 months ago.

I will ask for the link to be removed when the question is closed. Kind regards AJ

Customer: replied 3 months ago.
Thank you.
Customer: replied 3 months ago.
We have now moved the dog to kennels.What now is the best course of action in terms of liability. Are we able to rehome this dog legally?If someone is bitten at the kennels by this dog or in a new foster home( using the contract you have in your possession), what kind of liability would be incurred on our part and do you have any suggestions on how we can avoid an adverse legal situation relating to this dog.Thank you.
Expert:  Alex J. replied 3 months ago.

Hi thank you. The key issue here is you cannot exclude liability for death or personal injury arising from negligence. Therefore if the dog has behaviour issues then in re homing the dog you would have to disclose these. The other issue is, is it possible the dog will now be classified as a dangerous dog? Have the previous owners made a complaint to the police for example?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice