Being Sued for Dog Attack

[shazbang]

My mum is 52, blind in one eye and on benefits. Last week her dog bit a 10yr old boy on the leg because the boy kicked it in the face. The dog is very well behaved and has never done this before. The council came out with a destruction order so I took the dog to live with me as I have a big back garden and there are no children or other dogs in my street. My mum received a solicitors letter this morning stating that if the dog isnt covered under the house insurance then she should contact a solicitor as legal proceedings will be issued. My question is where does she stand from a legal point of view? If the boy is awarded damages, who pays?

[Miss Zippy]

Does your mother have legal expenses cover at under her househeld contents policy? If so, the insurer will nominate one of their panel solicitors to deal with this claim and any damages awarded to the claimant will be paid by the insurance company. If your mother has no such insurance, she would pay any damages from her own pocket. However, as your mother is on benefits and, presumably, has no significant savings or income, claiming against your mother might be futile. If your mother has no legal expenses insurance that can take on this claim for her, she should certainly seek the advice of a solicitor.

[buildersmate]

Regarding the destruction order, I thought dogs were 'allowed' one free bite before being regarded as potentially dangerous. Even if true, it doesn't change the legal position though.

[themas]

If your mother doesn't work, is on benefits and has low savings (or none) she may be able to get legal aid for a solicitor to act for her. If she does not have legal expenses cover on her insurance she should certainly check this out.

[alunrw]

Further to Miss Zippys comments, most household contents policies do actually extend cover to include personal liability of the policyholder, this includes damage to third parties caused by your (mothers) dog , however if she does have a contents policy you still need check with the Insurers as certain breeds are excluded (Those classified as dangerous).Regarding the Solicitors letter, IF there is a contents policy in force AND you have spoken to the Insurers, just pass this letter to them to deal and any follow up letters from Solicitors advise them its in the hands of your Insurers,

[stanleyman]

I think your mum should counterclaim for the injury to the dog. Lets be sensible here, you can't expect a dog not to react after being kicked in the face and it may well have been protecting her. It doesn't make it dangerous.