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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12073
Experience:  30 years as a practising solicitor.
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Do you have an expert in dog law?

Customer Question

do you have an expert in dog law?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
I have 2 Labradors brothers, one was attacked by a terrier, the other dog intervened. This happened 12months ago. The 3rd party is claiming compensation for 2 bites she claims to have received. Despite me having a witness, my insurers are recommending they settle out of court to save money, stating that under scottish law there is no expectation that they would win. I am very upset about this, as it makes our dogs out to be the guilty party. The witness has told the insurers that they don't want to go to court. Your views please
Expert:  JGM replied 2 years ago.
What specific allegations of negligence have been made about you.
Customer: replied 2 years ago.
Apparently they claim the dogs were out of control, although this has not been raised in any correspondence. They involved the police, who reported it to the Fiscals office, but they appear to have dismissed the case as they turned to a no win no fee company.
Expert:  JGM replied 2 years ago.
Where the other dog attacked yours there is no evidence that the dogs were out of control and I presume there is no adverse history with your dogs. I think they are unlikely to succeed. Your insurance company is looking at this from a commercial viewpoint rather than a legal one and you should perhaps discuss it with someone more senior there.