Who pays the vet bill

rosieduxx

Manxman_in_exile said:

rosieduxx said:

Manxman_in_exile said:

Whilst the contractor was investigating the flagstones in order to give you a quote, wouldn't it have been sensible to keep your dog well out of his way rather than "... inches away from this chap's foot right in front of him"?

I wouldn't have thought it particularly unreasonable for the contractor to lift a flag without asking you first.  If I ask a gas engineer to give me a quote to do some work on my boiler, I don't expect him to ask me if he can examine it - that's why he's there.  And I'd keep my dog out of his way - if I had one.

I didn't mention the chap's foot.  He was in front of the chap with the exposed flagtone space between them. ...

My apologies.  You did not mention his foot.  But apart from that I stand by what I said.  You should have kept your dog well out of the way.

You might want to keep that in mind when you get a quote from another contractor.  (I assume you won't want to use this one... )

This all happened very quickly.  We were talking as the dog approached the area and had I been given time to remove him I would but the flagstone was dropped before I could react.  He should have noticed he was there and asked me to move him.

Aylesbury_Duck

You seem very sure of what the trader should have done, and what he didn't do.  No one here is going to be able to give you the firm answer you're seeking, so you may as well put in the claim and see how things progress from there.

My opinion, for what it's worth, is that this seems like an accident to which you contributed.  With hindsight, you should have kept your dog inside, or the trader should have asked you to put the dog inside.  Allowing a pet to roam about when you have a contractor on the premises was negligent from both of you.  How it would pan out in a court is anyone's guess - the judge will take a view just as people have on here.

Manxman_in_exile

rosieduxx said:

Manxman_in_exile said:

Whilst the contractor was investigating the flagstones in order to give you a quote, wouldn't it have been sensible to keep your dog well out of his way rather than "... inches away from this chap's foot right in front of him"?

I wouldn't have thought it particularly unreasonable for the contractor to lift a flag without asking you first.  If I ask a gas engineer to give me a quote to do some work on my boiler, I don't expect him to ask me if he can examine it - that's why he's there.  And I'd keep my dog out of his way - if I had one.

The company that I use for public liability suggest that if he didn't ask permission to lift the flag (and thereby give me time to check where the dog was) then he has to accept responsibility for handling the flagstone with care and attention and assessing the risks of handling it and replacing it.

If that's what the company you "use for public liability" is suggesting to you, why ask people here to second guess them?  If they specialise in questions of public liability for you, it's probably unlikely - but not necessarily impossible - that anyone here will give you a more reliable answer to your question.  If you are considering suing someone and already have access to a relevant source of professional advice, it seems a waste of effort to ask an interweb forum. 

Undervalued

rosieduxx said:

A landscaping contractor visiting my premises to give a quote for re-laying the Indian stone patio flags lifted a flag (without asking) and then dropped it on my dog's foot.

The dog is a small Bichon Firse who was not being a nuisance.   He was standing calm, inches away from this chap right in front of him, sniffing at the bugs exposed under the flagstone.  As my dog was sceaming in pain, the contractor's only comment was "Oh, very sorry I didn't see him there." 

He is refusing to pay the vet bill.  He says he has public liability insurance and that his insurer has advised him he is not liable. That's not my understanding of how public liability insurance works.  I have paid the vet (under protest) and am considering taking the contractor to the small claims court to recover the cost of vet consultation and medication.  I would appreciate any informed advice please on whether this claim is likely to be successful.

Sorry but that is exactly how public liability insurance works!

It will pay if they consider him to be liable or if a court finds him liable. It will be a condition of the insurance that he does not admit liability without their consent.

Now, you may (or may not) have a valid claim against this man (who will most likely be covered by his insurance). However, by the sound of it, you will have to at least commence proceedings. They might offer a settlement or they might choose to let it go to court if they feel it can successfully be defended.

The_Fat_Controller

"We were talking as the dog approached the area"

Both of you were not paying attention to the dog

The contractor says he didn't see the dog, he was talking to you and concentrating on his assessment of your patio.

You did not have your dog under sufficient control.

I think The Man on the Clapham Omnibus would reasonably expect a homeowner to keep their pet away from a contractor doing work in their home.

sheramber

This all happened very quickly.  We were talking as the dog approached the area and had I been given time to remove him I would but the flagstone was dropped before I could react.  He should have noticed he was there and asked me to move him

Which could be exactly why the contractor did not see the dog. If you did not time to act how do you expect the the contractor to have time to act.

cx6

In general, to win a claim like this, you would have to prove negligence.

The builder does not appear to have been negligent. Maybe if he was on his phone whilst manipulating the flagstone he would be. Maybe if he was inebriated. But not in this case - it appears to be an accident pure and simple.

I hope your dog was not to badly hurt.

comeandgo

I love how you are trying to put the blame on someone else when you did not have your dog under control when strangers in your garden.

ripplyuk

I think you’re both at fault. I know you say the dog wasn’t being annoying but it’s a bit like parents who can never imagine that their little darlings are irritating to others. You said the dog was literally inches from this guy. That in itself is annoying to someone who is trying to work.  

On the other hand, since the dog was right in front of him, there’s no way he didn’t see it. I think it was careless of him to drop the flag. 

If you sue him, I think it would be reasonable to accept half the vets bill. You are just as responsible as he is. 

Jenni_D

Sorry OP but I'm with the majority here ... and I speak as someone who has two Bichon Frise - they are exceptionally nosy beggars, so it was to be expected that your dog would come and look at what was happening. (If anyone comes to my property I let them meet the boys [if they wish, since the boys will make a lot of noise until they have met] and then I make sure the boys are out of the way).

No negligence here - just an unfortunate accident. I hope your wee baby is OK x