Who pays the vet bill

sheramber

If more information would change people's opinions why didn't you give all the details. That os just wasting everybody's time.

We can only answer based in the information supplied so it is rather pointless to ask for help while withholding all the relevant information.

Pollycat

sheramber said:

If more information would change people's opinions why didn't you give all the details. That os just wasting everybody's time.

We can only answer based in the information supplied so it is rather pointless to ask for help while withholding all the relevant information.

A bit like a Money Moral Dilemma - those threads never end satisfactorily.

mikb

Aylesbury_Duck said:

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...

I'm not sure there are specific offences of "Paving Under The Influence" and "Paving Without Due Care And Attention" (also hinted at in the thread ...)

diggingdude

As a dog owner of a cavachon (half bichon), you can't take your eyes off them as they Bose at everything. You won't win a claim but good luck 

FeaturelessVoid

mattyprice4004 said:

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. 

Sadly too many dog owners are so utterly naive that they think that it's always someone else's problem.

I have a German Shepherd, by many people's views he's a "large dog."  If a tradesperson were to visit (which has happened) he gets put in a room and the door is closed.  He's a (too) friendly dog but also his own worst enemy.

Please OP don't sue the poor sod who was only trying to do you a favour.

sheramber

FeaturelessVoid said:

Sadly too many dog owners are so utterly naive that they think that it's always someone else's problem.

I have a German Shepherd, by many people's views he's a "large dog."  If a tradesperson were to visit (which has happened) he gets put in a room and the door is closed.  He's a (too) friendly dog but also his own worst enemy.

Please OP don't sue the poor sod who was only trying to do you a favour.

They donlt have to be a dog owner to have that opinion . Nowadays it is always somebody else's fault.

unholyangel

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.

Legal precedence works based on the facts of the case being the same and the judgement being based on the same point of law. Without knowing the facts of the case, no one can determine the point of law or whether there's precedence. 

FWIW, I don't share other's opinions that it being an accident means he's not negligent. Thousands of accidents happen every day on our roads yet in 99.9% of cases someone (or multiple someones) is liable for it because they have been negligent. 

Being negligent is quite literally it being an accident. If it wasn't an accident, it would be deliberate which would be criminal damage to property rather than the civil tort of negligence. Although being recklessly negligent is said to be having such little care or regard that it is on the same measure as being wilful or deliberate. 

For a claim of negligence to succeed you would need to show: 
1. That a duty of care was owed 
2. That he was in breach of that duty
3. That the breach caused the damage/loss
4. That the loss was not too remote. 

I think the only one anyone is in disagreement with is 2. 

However as others have alluded, there could be contributory negligence. But that would only reduce the amount of damages payable rather than prevent the trader from being liable. ie if it was shared 50/50 liability then you'd each be liable for half the bill. 

As you seem to have contacted your insurance about it, let them argue it out - it's what you've paid them for. 

Ath_Wat

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.

 For my part, if the dog was giddy by nature, likely to pester him or I suspected he was going to drop the flag so close to him - without any warning - then of course I would have moved the dog away from him or it would have been in the house.  

The number of times I hear this sort of thing and it never fails to put my back up.

I don't care whether or not  your dog is lovely.  Keep your dog away from people unless they have told you they want your dog near them.

Conversation closed, as someone once said.

Aylesbury_Duck

Ath_Wat 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.

 For my part, if the dog was giddy by nature, likely to pester him or I suspected he was going to drop the flag so close to him - without any warning - then of course I would have moved the dog away from him or it would have been in the house.  

The number of times I hear this sort of thing and it never fails to put my back up.

I don't care whether or not  your dog is lovely.  Keep your dog away from people unless they have told you they want your dog near them.

Conversation closed, as someone once said.

Completely agree.  I'm a dog lover, but it's simply bad manners to allow your dog to run up to someone, jump up, rub around them, etc., no matter how much the owner may smile and say it's all ok.  If a dog can't stay at your heel on command, and resist the urge to check someone out, they should be on a lead and restrained at all times in public areas or when you have professional visitors.

Sicard

I think it's the dogs fault for not forseeing an accident waiting to happen. It should have known the contractor was an idiot and very likely to drop the flagstone. It's obvious the fault lies with the dog.