Who pays the vet bill

rosieduxx

Thanks to all for your input, comments and personal opinions.  Interesting to read.  First time I have used the forum so apologies to the chap that thinks this was "a waste of effort"!   I could respond to various comments made with a more comprehensive report of what happened - which could potentially change the viewpoints of some - but what I was really looking for was informed opinions/advice from anyone that had experience of any similar situation that may have set a legal precedence.  
I'll let the judge decide.  
Conversation closed.  
Thank you.

Aylesbury_Duck

rosieduxx said:

Thanks to all for your input, comments and personal opinions.  Interesting to read.  First time I have used the forum so apologies to the chap that thinks this was "a waste of effort"!   I could respond to various comments made with a more comprehensive report of what happened - which could potentially change the viewpoints of some - but what I was really looking for was informed opinions/advice from anyone that had experience of any similar situation that may have set a legal precedence.  
I'll let the judge decide.  
Conversation closed.  
Thank you.

Seems an odd thing to do, giving people less than the full story and hoping someone has had a similar experience.  You can add as much detail as you like to get the answers that you want, but that won't help your case in court.

theonlywayisup

rosieduxx said:

Conversation closed.  

Probably the most misused statements on a public forum.

That aside, I too am with the majority in that there is no negligence by the contractor and it was your duty to keep any children and animals away from the area being inspected.

Suggesting the contractor should have seen the dog is ridiculous.  He clearly didn't and what resulted was injury to your dog caused by your negligence in not removing that possibility from the equation. 

This thread will slip and you may never return.  Or it will be resurrected with news of a huge payout. 

Undervalued

rosieduxx said:

Thanks to all for your input, comments and personal opinions.  Interesting to read.  First time I have used the forum so apologies to the chap that thinks this was "a waste of effort"!   I could respond to various comments made with a more comprehensive report of what happened - which could potentially change the viewpoints of some - but what I was really looking for was informed opinions/advice from anyone that had experience of any similar situation that may have set a legal precedence.  
I'll let the judge decide.  
Conversation closed.  
Thank you.

Sadly I get the impression your definition of an "informed opinion" is one that you agree with.

Sometimes the best advice is that which you least want to hear.

The_Fat_Controller

I don't think you'll find a legal precedent that applies here.

If you take it to court the, as I said before, I expect this test to be used.

https://en.wikipedia.org/wiki/Man_on_the_Clapham_omnibus

If your contractor had picked up a broken flag, tossed it 10 feet and hit a dog he didn't seen you'd have a case for negligence.

I cannot see how a "more comprehensive report" can make any difference, you cannot change the contractor's narrative, he said he did not see the dog.

Aylesbury_Duck

The_Fat_Controller said:

I don't think you'll find a legal precedent that applies here.

If you take it to court the, as I said before, I expect this test to be used.

https://en.wikipedia.org/wiki/Man_on_the_Clapham_omnibus

If your contractor had picked up a broken flag, tossed it 10 feet and hit a dog he didn't seen you'd have a case for negligence.

I cannot see how a "more comprehensive report" can make any difference, you cannot change the contractor's narrative, he said he did not see the dog.

I suspect it would say the contractor was on his phone or inebriated, because someone planted that seed a few posts back...

The_Fat_Controller

@Aylesbury_Duck, get ready for @rosieduxx to edit their OP to suit the new information, thereby making the whole topic nonsensical.

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.

For the record....

user1977

rosieduxx said:

what I was really looking for was informed opinions/advice from anyone that had experience of any similar situation that may have set a legal precedence.

Legal precedents aren't set by other people's small claims cases, they're set by higher courts when things go to appeal. It's incredibly unlikely that anybody here has been involved in a case which has changed the law of tort. These things will generally vary depending on the facts of the case, not legal precedent.

mattyprice4004

comeandgo said:

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.

This. 

It’s not the contractor’s pet to control, it’s yours. You let the pet near a clearly dangerous situation.
If he was quoting for work to paving stones, it’s pretty obvious he’s going to have to lift one to see the state things are in underneath. 

Take responsibility for your own (in)actions.