Dog ran into me and I broke my ankle - now what?

Andyclockwise

Writing this on behalf of my partner, we were out for a gentle jog round our local park early one morning this week. We had our own dog with us as he ambles along (off lead) for his morning walk at the same time. We are following the NHS Couch to 5k plan and had reached week 7, a 25 minute run, so relatively new to it all.


We were about 10 mins into the run when another regular dog walker who we know by sight appeared from a gap in the hedge just ahead of us. Usually his dog (a big boundy and lovely chocolate Labrador) is leashed, but the owner probably hadn't had time to leash him as he was coming from an adjoining field back into the park. Most unfortunately the dog came bounding up to us and ran into my partners legs (twice) knocking her off her feet the second time, we all heard the loud snap indicating it was a serious injury. As I was more concerned about my partners injury I didn't think to swap details or anything like that with the dog owner who after waiting a while to see if she was ok, went off to see if there was vehicle access to the field, and after that we didn't see him again.


My partner has a bad break to her ankle which has turned our life upside down, she is facing weeks off work, loss of earnings, we've had to cancel our summer holiday, and the pain, inconvenience and distress to both of us has been considerable, after just one week. I have since seen the dog and the owner's other half, and updated her on what happened, but I don't know where they live or their name, only the dog's name. As we live in a small village, I guess it won't be too difficult to find out.


My feelings are that we should pursue a claim for damages against the owner although my partner has mixed feelings about it, we've only recently moved to the village. Looking at it dispassionately, if they have pet insurance, our argument is with the insurance company, not the owners and if it was the other way around, we would want to do everything we could to put things right.


I would be interested in other views, particularly anyone who has made a similar claim, or been on the receiving end of one. How likely is it that any blame could be established? Should we wait until we know the full extent of the loss etc.

krlyr

Does your own dog's insurance provide any legal cover? Or your house insurance may. They'd be able to advise the best steps, to ensure it went through all the proper stages.

southgater

In days gone by most people would have written this off as an accident. It's sad that in this day and age, people try and cash in anyway they can. I hope you don't get a penny.

codemonkey

Andyclockwise wrote: »

Writing this on behalf of my partner, we were out for a gentle jog round our local park early one morning this week. We had our own dog with us as he ambles along (off lead) for his morning walk at the same time. We are following the NHS Couch to 5k plan and had reached week 7, a 25 minute run, so relatively new to it all.


We were about 10 mins into the run when another regular dog walker who we know by sight appeared from a gap in the hedge just ahead of us. Usually his dog (a big boundy and lovely chocolate Labrador) is leashed, but the owner probably hadn't had time to leash him as he was coming from an adjoining field back into the park. Most unfortunately the dog came bounding up to us and ran into my partners legs (twice) knocking her off her feet the second time, we all heard the loud snap indicating it was a serious injury. As I was more concerned about my partners injury I didn't think to swap details or anything like that with the dog owner who after waiting a while to see if she was ok, went off to see if there was vehicle access to the field, and after that we didn't see him again.


My partner has a bad break to her ankle which has turned our life upside down, she is facing weeks off work, loss of earnings, we've had to cancel our summer holiday, and the pain, inconvenience and distress to both of us has been considerable, after just one week. I have since seen the dog and the owner's other half, and updated her on what happened, but I don't know where they live or their name, only the dog's name. As we live in a small village, I guess it won't be too difficult to find out.


My feelings are that we should pursue a claim for damages against the owner although my partner has mixed feelings about it, we've only recently moved to the village. Looking at it dispassionately, if they have pet insurance, our argument is with the insurance company, not the owners and if it was the other way around, we would want to do everything we could to put things right.


I would be interested in other views, particularly anyone who has made a similar claim, or been on the receiving end of one. How likely is it that any blame could be established? Should we wait until we know the full extent of the loss etc.

Really? This is what is wrong with the world today and why insurance is so expensive. Accept that this is not America. What happened, although a shame for your OH was an accident. It's not like the pet owner did it on purpose and neither did the dog but you'll happily condemn them to much higher insurance premiums (meaning that perhaps the dog owner can no longer afford to keep the dog insured) so you can get some money out of it. I'm sorry, I'm sure under normal circumstances you and your OH are lovely people but this is just greedy.

PasturesNew

I think some are being a bit harsh. This isn't a falling over and a swollen ankle for a few days. OP said "weeks off work, loss of earnings"

It's a break. Proper break. Hospital, plaster cast and everything.

There should at least be a claim for legitimate loss of earnings I'd have thought. Rest is too variable to comment on really.

custardy

codemonkey wrote: »

Really? This is what is wrong with the world today and why insurance is so expensive. Accept that this is not America. What happened, although a shame for your OH was an accident. It's not like the pet owner did it on purpose and neither did the dog but you'll happily condemn them to much higher insurance premiums (meaning that perhaps the dog owner can no longer afford to keep the dog insured) so you can get some money out of it. I'm sorry, I'm sure under normal circumstances you and your OH are lovely people but this is just greedy.

So nobody should claim anything for fear of insurance premiums rising?
If the OP had run into the dog and it was injured. Would you tell the owner to take a few grand in vets bills on the chin for the same reason?

The OPs partner has suffered pain and a large financial loss.
There is also the possibility the break could never heal properly. As someone who suffered a lifelong injury through another persons carelessnesses. It can have long lasting consequences.

codemonkey

custardy wrote: »

So nobody should claim anything for fear of insurance premiums rising?
If the OP had run into the dog and it was injured. Would you tell the owner to take a few grand in vets bills on the chin for the same reason?

The OPs partner has suffered pain and a large financial loss.
There is also the possibility the break could never heal properly. As someone who suffered a lifelong injury through another persons carelessnesses. It can have long lasting consequences.

Not the same thing. If the dog was injured their owner would claim on their own insurance and I'd very much doubt they'd sue the OP and partner for vet bills and loss of earnings (some dogs are working dogs). But here the dog owner didn't do anything wrong. Yes, their dog was offlead but OP has admitted their own dog was also offlead. It was an accident.

I once broke my own ankle whilst out running as I got it caught in a hole. I accepted that it was an accident and that I should have reacted faster to avoid obstacles. I could have sued the landowner for being careless in allowing holes in his or her sports ground but I hate this suing for compensation culture.

I hope if this goes ahead, the dog owner counter- sues for emotional damage to his dog from running into some legs.

custardy

codemonkey wrote: »

Not the same thing. If the dog was injured their owner would claim on their own insurance and I'd very much doubt they'd sue the OP and partner for vet bills and loss of earnings (some dogs are working dogs). But here the dog owner didn't do anything wrong. Yes, their dog was offlead but OP has admitted their own dog was also offlead. It was an accident.

I once broke my own ankle whilst out running as I got it caught in a hole. I accepted that it was an accident and that I should have reacted faster to avoid obstacles. I could have sued the landowner for being careless in allowing holes in his or her sports ground but I hate this suing for compensation culture.

I hope if this goes ahead, the dog owner counter- sues for emotional damage to his dog from running into some legs.

Does the land owner have a duty of care over the rabbits?
Did the hole jump out in front of you?
So the dog owner did nothing wrong by having their dog running about out of control?
Why is the dog owner claiming on their insurance. That puts premiums up,doesn't it?

esmerelda98

codemonkey wrote: »

Really? This is what is wrong with the world today and why insurance is so expensive. Accept that this is not America. What happened, although a shame for your OH was an accident. It's not like the pet owner did it on purpose and neither did the dog but you'll happily condemn them to much higher insurance premiums (meaning that perhaps the dog owner can no longer afford to keep the dog insured) so you can get some money out of it. I'm sorry, I'm sure under normal circumstances you and your OH are lovely people but this is just greedy.

It is views like this that create such a 'them' and 'us' mentality between dog/cat owners and others. No care or concern whatsoever for a person who has suffered a serious injury. They have been left in a seriously negative financial position, there is no concern for that, only a concern for the premiums of the dog owner. The fact that there was no intention to harm does not mean there is no responsibility. The responsibility is to bear the loss caused by your pet. Why should the injured party bear the loss? The law only expects the dog owner to compensate the injured party to the extent that they have lost out financially, not to give them a windfall.

These are the risks that come with pet ownership, if you cannot bear to be held responsible for the actions of your pet, some of which cannot be predicted, please do not own a pet. You are clearly unsuitable for pet ownership.

esmerelda98

codemonkey wrote: »

I hope if this goes ahead, the dog owner counter- sues for emotional damage to his dog from running into some legs.

This comment is just nonsense, and I will assume you know it to be just that as any other interpretation makes you look remarkably silly. If the dog is emotionally damaged its owner has no-one to blame but himself for not keeping proper control over his dog, so he has no-one to sue. That should be obvious.

Caroline_a

This happened to a friend of mine the other year. She had a serious injury to her knee, resulting in 6 months off work (stat sick pay only), 2 operations and countless visits to the physio. It cost her a lot financially - all because a dog was out of control.

Her solicitor made some serious schoolboy errors and the case was thrown out. She is still trying to get it reinstated....