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

codemonkey

The OP has posted that the other dog owner didn't have time to react as he was coming from an adjoining field into the park. Yes, the dog should perhaps have been under better control but if he couldn't see them, what was he supposed to do?

I sympathise with OP's partner, I really do. I understand she's in horrible pain, is worrying about loss of earnings and is disappointed that she cannot go on holiday. It's an unfortunate situation.

It's not a pet owner v others scenario. I'd be saying the same if her injury had been caused by pesky rabbits, dogs, stray footballs, uneven terrain or even another person running into her. Sometimes accidents are just accidents and personally I think this litigious culture of claiming for accidents is just wrong, especially when healthcare is free and there are safety nets in place such as SSP (the amount might be lower but there you go). That is, however, my own personal opinion.

The OP's partner also has a point about being new to the village. That piece of gossip will travel fast, as all gossip does in a village and it might make getting to know people harder as they wonder if you'll sue them if you go their house and fall over a rug or something.

So if the OP and his partner want to go ahead and sue then they can, but it doesn't mean I have to believe they''re right to do so.

Andyclockwise

southgater wrote: »

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.

We not trying to "cash in". My partner is the sole wage earner and loss of earnings will have a serious impact, potentially putting our mortgage payments at risk. We just want to take the right steps now to protect ourselves should it come to this. To say that most people would have written this off I just don't buy. I remember my dad telling me a cautionary tale about making sure you always have public liability insurance in case you "accidently" cause someone damage because there is no upper limit to potential for a claim - this was over 30 years ago! Since then all decent household insurers and all pet insurance include this type of cover as standard. In this day and age we are all more knowledgeable about the availability of redress for accidents, thanks to the incessant advertising by legal firms.


So to the person who wrote the above comment and the people who gave it thanks, just engage their brains for a minute and imagine themselves in our position, would they really take a different view?

GwylimT

A few years ago I broke my collar bone as I tripped over a two year old who had toddled behind me, there is no way I would ever had considered using his parents. As you mentioned op that your dog was off the lead, I hope you are covered to cover the cost of mere accidents.

esmerelda98

Do people drive, ride or cycle into a road without a clear line of vision? No, it would be negligent to do so. Likewise, if you can't see round hedges then your dog needs to be on lead till you are on the other side of the hedge. Take a chance and get it wrong and be prepared to pay the cost. Unfortunately for the OP it is not very easy to make out the case for negligence.

If a car driver swerves to avoid a dog/cat/rabbit/deer and runs into you, breaking your legs would you say it was just one of those things? If you couldn't pay your mortgage and you're getting into worrying debt, you'd just say, 'I know you didn't mean to hurt me so don't worry about it', or would you say, 'I know you didn't mean to hurt me but why should I bear all this financial loss on my own, never mind the pain, distress and uncertainty?'. The decent dog owner would be trying to put things right, not say, 'Sorry', never to be seen again.

Andyclockwise

Just to add a few things - my partner is trying to minimise financial impact working with her employer to arrange part time working from home. The employer is arranging a DSE audit for suitability and if its possible she really wants to do this. Its sad that some people with limited imaginations or life experience have jumped to the wrong conclusions in earlier posts.


I would also add that, as dog owners ourselves, we fully understand that you cannot always keep your dog under perfect control, there will always be freak and unexpected things that can happen, which is why we have insurance as a backstop. We would be mortified if this happened as a result of our dog and would take every step to put things right for the injured party. I am now doubly careful with my own dog now when off the lead, although he is not the type of dog that bounds up to people, as the one who tripped my partner up was. We have seen him and owner several times before, and he always keeps him on the lead in that park, for that very reason. Chocolate labs are well known for being bouncy and unpredictable.

Thanks to all the posters who have made constructive comments. I have added my thanks to you individually as well.

wiogs

Given your circumstances you would be best to seek professional legal advice.

It may be that you cannot make a claim but if there are serious financial implications for yourselves then it might be worth pursuing.

pineapple123

Andyclockwise wrote: »

We not trying to "cash in". My partner is the sole wage earner and loss of earnings will have a serious impact, potentially putting our mortgage payments at risk. We just want to take the right steps now to protect ourselves should it come to this. To say that most people would have written this off I just don't buy. I remember my dad telling me a cautionary tale about making sure you always have public liability insurance in case you "accidently" cause someone damage because there is no upper limit to potential for a claim - this was over 30 years ago! Since then all decent household insurers and all pet insurance include this type of cover as standard. In this day and age we are all more knowledgeable about the availability of redress for accidents, thanks to the incessant advertising by legal firms.


So to the person who wrote the above comment and the people who gave it thanks, just engage their brains for a minute and imagine themselves in our position, would they really take a different view?

Just because more people are claiming compensation doent mean its the correct thing to do, What if these couple havnt got pet insurance would you seek to claim damages from them.
You seem to think many would not just write it off well sir I can tell you I for one would not claim, its an accident.
The compensation culture has gone crazy maybe you should think about not letting your own dog off the lead in future as you too could be on the recieving end of a accidential claim.

mountainofdebt

As for the holiday,presumably you have travel insurance so that aspect should be covered.

Do you have sickness cover on your mortgage?

Also is there any way that your partner can be accommodated in the work place if the working from home option isn't viable?

Personally I think you need speak to the owners like rational human beings.

The one thing I will say is that if something as relatively trivial as a broken ankle is going to cause you this much financial hardship you really do need to be looking at either getting work yourself or somesort of income replacement plan just in case something more serious happens to her

esmerelda98

pineapple123 wrote: »

Just because more people are claiming compensation doent mean its the correct thing to do, What if these couple havnt got pet insurance would you seek to claim damages from them.
You seem to think many would not just write it off well sir I can tell you I for one would, its an accident.
The compensation culture has gone crazy maybe you should think about not letting your own dog off the lead in future as you too could be on the recieving end of a accidential claim.

The OP should be prepared to pay the price if his off-lead dog hurts someone.

There is absolutely nothing wrong with expecting a person acting negligently to be held responsible for causing serious injury. Absolutely nothing. Compensation culture refers to people who have sustained minor injury which they will recover from quickly and easily, trying to make out that the situation is much more serious, in order to end up in a better position financially. The person who wants to walk away from causing serious injury, leaving their victim in great pain and seriously out of pocket, well I think that's just a selfish person looking after number one.

jetplane

Andyclockwise
What would your own dogs insurance cover in these circumstances, ie.your own unleashed dog caused an injury?

Will you be keeping your own dog on a leash from now on?

Wishing your wife a speedy recovery