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Dogs - False Claim Of Liability - Advice Please
43 Answers
I am fuming and wish to ask for some advice form the legal eagle's if I may.
A couple of months ago my partner took our labrador to the country park where the majority is for off lead dog walking. Our dog was playing with another couples dog (both off lead) for several minutes, playing really nicely and both running about.
Whilst talking to my partner the couple both had their backs to the dogs, our dog ran wide round the couple and their wolfhound cross kept going, ran into the man's legs and knocked him over.
My OH called an ambulance and waited 2 hrs for it to come, gave him first aid and ran the lady and her dog home as she didn't drive and left his telephone number so she could call and let him know that her husband was ok.
The man broke his ankle and after an operation is in plaster.
Please bear in mind now that our dog did NOT run into the husband.
Today the woman called over to me and asked if 'name' was my partner, I said yes and she came over to say 'As your dog knocked my husband over and broke his ankle we have had to delay moving to France and we need to make a claim against you to get some money back. Is your dog insured?'
I can't believe it! Our dog did not make contact with the husband. I only got our dog insured a few weeks ago, so at the time of the incident he was not insured and we would not be covered should they proceed with the claim. I am really scared that if they decide to sue us, it will be the couple's words against my OH's and this could ruin us financially!
We are a couple who will go out of our way to help others, so this is quite a shock.
After I explained that I had only insured the dog recently, so she said 'Obviously have a look at your documentation and ask your OH to call us to discuss. We don't want it to be to your detriment but we want some of the costs incurred back'
By mentioning the words 'detriment' and 'incurred' I realise that she has been reading some legal documentation recently, as this is not used generally to converse.
My OH has no intention of calling her and believes that someone has had 'a word in their ear' to try and recoup some money dis-honestly. But we are both scared.
In your legal opinion, should we:
1) Do nothing, wait for them to contact us and see where it goes
2) Call them and clearly point out that our dog was not at the cause of the accident, and that we have no insurance for that period of time.
3) Contact a sol and get some pre-advice should things go further and we are prepared.
4) Hide in a corner and cry.
I just can't believe people can be so dishonest and cause so much stress to an honest, helpful couple. It has put me off letting my dog off the lead at all now and I certainly will be avoiding the park in case I bump into her again.
Any advice would be greatly appreciated, Thank you in advance.
A couple of months ago my partner took our labrador to the country park where the majority is for off lead dog walking. Our dog was playing with another couples dog (both off lead) for several minutes, playing really nicely and both running about.
Whilst talking to my partner the couple both had their backs to the dogs, our dog ran wide round the couple and their wolfhound cross kept going, ran into the man's legs and knocked him over.
My OH called an ambulance and waited 2 hrs for it to come, gave him first aid and ran the lady and her dog home as she didn't drive and left his telephone number so she could call and let him know that her husband was ok.
The man broke his ankle and after an operation is in plaster.
Please bear in mind now that our dog did NOT run into the husband.
Today the woman called over to me and asked if 'name' was my partner, I said yes and she came over to say 'As your dog knocked my husband over and broke his ankle we have had to delay moving to France and we need to make a claim against you to get some money back. Is your dog insured?'
I can't believe it! Our dog did not make contact with the husband. I only got our dog insured a few weeks ago, so at the time of the incident he was not insured and we would not be covered should they proceed with the claim. I am really scared that if they decide to sue us, it will be the couple's words against my OH's and this could ruin us financially!
We are a couple who will go out of our way to help others, so this is quite a shock.
After I explained that I had only insured the dog recently, so she said 'Obviously have a look at your documentation and ask your OH to call us to discuss. We don't want it to be to your detriment but we want some of the costs incurred back'
By mentioning the words 'detriment' and 'incurred' I realise that she has been reading some legal documentation recently, as this is not used generally to converse.
My OH has no intention of calling her and believes that someone has had 'a word in their ear' to try and recoup some money dis-honestly. But we are both scared.
In your legal opinion, should we:
1) Do nothing, wait for them to contact us and see where it goes
2) Call them and clearly point out that our dog was not at the cause of the accident, and that we have no insurance for that period of time.
3) Contact a sol and get some pre-advice should things go further and we are prepared.
4) Hide in a corner and cry.
I just can't believe people can be so dishonest and cause so much stress to an honest, helpful couple. It has put me off letting my dog off the lead at all now and I certainly will be avoiding the park in case I bump into her again.
Any advice would be greatly appreciated, Thank you in advance.
Answers
In that case Peas. I doubt he has a leg to stand on. ok, maybe the one leg.
09:15 Thu 10th Apr 2014
Surely during the time that your OH spent with the man waiting for the ambulance, and taking the woman home, the subject of ownership of the "guilty" dog must have come up? The incident was months ago, they should have been in touch sooner, if not to sue you but to thank your OH for his help on the day.
My suspicion is that their plans have been upset and they are looking for someone to blame and sue for compensation. If they don't have any contact details for the real owners they could be trying their luck with your OH.
Sounds like they have been watching those horrid "where's there's a blame, there's a claim" ads on telly.
My suspicion is that their plans have been upset and they are looking for someone to blame and sue for compensation. If they don't have any contact details for the real owners they could be trying their luck with your OH.
Sounds like they have been watching those horrid "where's there's a blame, there's a claim" ads on telly.
Unfortunately, whilst chatting before the accident, my OH mentioned to the couple where he works. I really hope they don't start playing silly beggars and turn up at his workplace (they don't have our address).
I think we will probably just do nothing and wait and see. But, If we called them, made it clear that Our dog was not to blame and that the insurance would not cover it - would it put them off trying to do a false claim if they are aware that there was no insurance in place at that period of time?
If they go ahead it's going to cost us a fortune to contest it
I think we will probably just do nothing and wait and see. But, If we called them, made it clear that Our dog was not to blame and that the insurance would not cover it - would it put them off trying to do a false claim if they are aware that there was no insurance in place at that period of time?
If they go ahead it's going to cost us a fortune to contest it
Thanks guys, you've really helped to calm me down a bit. OH is at worked all stressed out because I had to call him and let him know in case they were sneaky and called him today.
2_sp - it was their own dog that knocked him over, so I guess they wouldn't be able to make a claim against themselves and get pennies back.
Alba, They talked to OH whilst waiting for ambulance, again no-one was around when OH told them it was their dog that knocked him flying, they didn't see which dog it was.
They have a house in france (again, talking whilst waiting for ambulance) that they had planned to go to and do up and then live there. I guess they are losing money having to stay here for the time being
2_sp - it was their own dog that knocked him over, so I guess they wouldn't be able to make a claim against themselves and get pennies back.
Alba, They talked to OH whilst waiting for ambulance, again no-one was around when OH told them it was their dog that knocked him flying, they didn't see which dog it was.
They have a house in france (again, talking whilst waiting for ambulance) that they had planned to go to and do up and then live there. I guess they are losing money having to stay here for the time being
I would do wait and see as well. make sure that you record any communication you have with them, keep notes, write down a clear and objective statement of what happened on the day and keep it all safely. Don't contact them. I would also be refusing to discuss any details about your insurance and general financial situation. Don't go into it, just say "I won't discuss that."
I would also suggest that if you go to a place where dogs are allowed to lay off lead, then this kind of accident is going to happen and is just that....an accident. They allowed their dog to play with another dog and you might say that therefore the accident is their fault.
I would also suggest that if you go to a place where dogs are allowed to lay off lead, then this kind of accident is going to happen and is just that....an accident. They allowed their dog to play with another dog and you might say that therefore the accident is their fault.
Thank you Woofgang, that is a very good idea. I'll get OH to write down exactly what happened on the day.
That is our opinion exactly - when dogs are playing, accidents happen and it is no-ones fault. It is part of the risk you take when becoming a dog owner, at some point you might get hurt or have a knock from another dog playing.
Thank you All for your advice, we will stay calm and do nothing and see what happens. Luckily I believe in Karma, and I have done a heck of a lot of good deeds lately.
That is our opinion exactly - when dogs are playing, accidents happen and it is no-ones fault. It is part of the risk you take when becoming a dog owner, at some point you might get hurt or have a knock from another dog playing.
Thank you All for your advice, we will stay calm and do nothing and see what happens. Luckily I believe in Karma, and I have done a heck of a lot of good deeds lately.
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