Help im being sued!

Chimpofdoom

ok a few things come to mind when reading this...

• man gets bitten in may 2008
• Refuses assistance and doesn't report the incident to the police himself
• Returns two weeks later with threatening behaviour
• Dog gets poisoned 6 weeks later after event
• man begins legal proceedings (no time frame on this?)
• New Lawyer picks up the case.

So lets start, legally it's true, you do have a duty of care as a dog owner, even registered guard dog needs to have insurance incase they bite someone (although I do find it bloody pointless of having insurance in case they do their job). Although you have shown some care by having the signs there in the first place, it's a visitors decision to take heed of such notice. Unfort. our legal system isn't so logical.

Now you reported the incident to the police.. why didn't he? If he wanted the dogs put down (as a result of threatening behaviour) he would of course noted the incident with the local constabulary surely?

As for the time frame for the dog poisoning, did you find out how the dog was poisoned? Did you report this to the RSPCA?

All these things may be worth noting in response. I believe the police should have logged your call, so they may even have a record and be able to check to see if any complaints were logged.

So just some thoughts about this so far...

I'm not legally qualified nor is it real legal advice, just thoughts off the top of my head (my disclaimer )

Indie_Kid

Chimpofdoom wrote: »

So lets start, legally it's true, you do have a duty of care as a dog owner.

Such as? There were already signs up warning about the dog. Those signs aren't that hard to spot either.

Chimpofdoom

sh1305 wrote: »

Such as? There were already signs up warning about the dog. Those signs aren't that hard to spot either.

Yes, which is why i said..

Although you have shown some care by having the signs there in the first place, it's a visitors decision to take heed of such notice. Unfort. our legal system isn't so logical

Sign or no sign, if someone comes in a gate, your still liable if the dog bites someone.

Now there could be other circumstances in this that the guy aggravated the dog, who knows.

Hell my dog nipped the postie's bum once.. he said no harm done, he just wished it was a woman. Although after that he started carrying dog biscuits for her and he was her new best friend.. for about 2 minutes...

dane-katie

I found out the dog had been poisoned when we took her to the vets and ran loads of tests she lived for another 4 days after week took her, as she was acting "drunk" vet said it had been in her system roughly 3 days before any symptoms came alight. She was poisoned with anti freeze and we had to put her to sleep otherwise she would have died painfully from it, we did try and save her, cost us nearly £800 in vet fees but sadly it was just too bad

Jeff_Bridges_hair

MrRedundant wrote: »

Actually it wouldnt because the OP has a duty of care in such circumstances and would have to show the only reason the attack happened was because the person tresspassed or acted in an undue manner rather than the dogs just attacking anyone who ended up in the garden.

No you cannot be hypothetical in what COULD have happened only in what HAS happened.

Jojo_the_Tightfisted

and what if he has convictions for rape, robbery or sexual assault in exactly the same situation? Does his claim for compensation gain or lose credibility in that circumstance?

heretolearn_2

With no legal background at all :-)

It would have been different if the dogs had been loose and bitten him in the field/garden. Then, duty of care would involve not having a dog likely to bite someone unprovoked out loose.

However the man was illegally entering your house. How far does duty of care go, when a dog defends the internal property against an intruder. What's the difference between a dog biting this man and a dog biting someone who is a burglar?

Torby

....and we still haven't been told why he was there?

tiny_tear

Torby wrote: »

....and we still haven't been told why he was there?

we have, to pick up some model plane that fell in a field nearby wasn't it?

Torby

tiny_tear wrote: »

we have, to pick up some model plane that fell in a field nearby wasn't it?

"in which i gave him my mobile number, he never rang my mobile just turned up to my house"

in the absence of the call. he is a tresspasser, rapist, murdered, uninvited guest....take your pick....he entered without first making contact as requested....that's the point Im trying to make.....its "assumed" he wanted a model plane.....who knows....with the number of abductions and murders we have....I'd be glad if my GSD protected my wife.