Cherry -v- Mills

Cherry -v- Mills

DOG BITE VICTIM RECEIVES £7,000.00 PERSONAL INJURY COMPENSATION

Last month a lady client received £7,000.00 for personal injury suffered as a result of a dog bite incident in a local park.

The client was recommended to us in January 2011 by a previous satisfied client.

The Staffordshire Bull Terrier dog who attacked the client was not in fact a “dangerous dog” under the “Dangerous Dogs Act 1991 “( link – www.legislation.gov.uk/ukpga/1991/65/section/1)and therefore unfortunately this was not a straight forward claim whereby the owner would have been automatically liable if it was in fact a “dangerous dog” who was off its lead and not muzzled in a public park..

Our client had to establish a claim under “The Animals Act 1971” (link – www.legislation.gov.uk/ukpga/1971/22) and/or in negligence following the case of Whippey v Jones 2009 (Link – www.britisihcaselaw.co.uk/whippey-v-jones-2009-ewca-civ-452-08-april2009)  on the part of the dog owner for allowing such a breed of dog in a local park without a lead. This is an extremely difficult hurdle to overcome. In this case we were met with complete denial of liability by the Defendant, followed by counter allegations against our client and her dog who was a cross between a Sheltie and Pomeranion.

On behalf of the client we were able to dismiss all allegations made by the Defendant reiterating her stance that such Staffordshire Bull Terrier dogs do have the tendency to attack when around other strange dogs and/or people and for that reason almost certainly should be kept on a lead and all muzzled at all times and in particular in a public park. Without doubt the dog owner had a duty of care to do so.

After corresponding with long and assertive letters to the Defendant they eventually conceded liability last month and offered £2,000.00. Thereafter we got this increased to £7,000.00 and the client received her cheque last week.

So if you have suffered a dog bite injury or any personal injury that was not your fault please call Leeanne Druse of this office in London on 0207 377 0877.