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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13186
Experience:  30 years as a practising solicitor.
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Ex friend and her daughter came to my house, her daughter never

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Ex friend and her daughter came to my house, her daughter never gets told off,I went upstairs for something the friend followed me within couple minutes this child had pulled up my 7 month old pomerians pups legs and broke one, when questioned she said she was dancing with her, she had been told repeatedly by me not to lift or touch dogs paws, vet said it was more than just dancing for it to snap in half,she tried to hide dog before but my husband caught her, the vet bill was £1150,the mother has told me I'm getting not one penny from her because it was an accident, I have various texts messages about this, if I take her to small claims what's my chances, I don't want to be out of pocket anymore?
Thank you for your question.
This is not an easy legal situation. The essential principle of Scots law is that a parent is not liable in respect of damage caused by his child unless he himself has been at fault. If a parent allowed a child to illegally drive a car for example and there was an accident. Or if a parent gave a child a gun or knife and the child hurt someone.
There is no principle of vicarious (automatic) liability as there is in an employer/employee relationship. You would have to prove that the parent was negligent in some way AND that the parent should have reasonably foreseen that the child would cause damage to the dog.
I don't think you can do that here and for that reason I couldn't recommend that you go to court, I'm afraid.
I hope this helps. Please leave a positive response so that I am credited for my time.
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