Pet Liablility Question 5 January at 1:03AM in Insurance & life assurance 3 replies 334 views

Farfetch1

After having a falling out with a pub landlord over my dog being near the bar (on the lead) it has generated a question that Google doesn't seem to be able to provide an answer for...

So Dog is on a lead near the bar, lying on the floor. A customer trips over the dog as they're walking towards/back from the bar. Who is liable for this?

I can't see it being the landlord and I struggle to see how the owner is liable if the dog is just lying there, people are expected to look where they're going.

I do appreciate opinions on this but I'd really prefer some sort of statute that settles it.

marcia_

Farfetch1 said:

After having a falling out with a pub landlord over my dog being near the bar (on the lead) it has generated a question that Google doesn't seem to be able to provide an answer for...

So Dog is on a lead near the bar, lying on the floor. A customer trips over the dog as they're walking towards/back from the bar. Who is liable for this?

I can't see it being the landlord and I struggle to see how the owner is liable if the dog is just lying there, people are expected to look where they're going.

I do appreciate opinions on this but I'd really prefer some sort of statute that settles it.

 The landlord is responsible as it's legally their job to ensure the pub is safe and that the dog isn't causing a problem. 

user1977

marcia_ said:

Farfetch1 said:

After having a falling out with a pub landlord over my dog being near the bar (on the lead) it has generated a question that Google doesn't seem to be able to provide an answer for...

So Dog is on a lead near the bar, lying on the floor. A customer trips over the dog as they're walking towards/back from the bar. Who is liable for this?

I can't see it being the landlord and I struggle to see how the owner is liable if the dog is just lying there, people are expected to look where they're going.

I do appreciate opinions on this but I'd really prefer some sort of statute that settles it.

 The landlord is responsible as it's legally their job to ensure the pub is safe and that the dog isn't causing a problem. 

...with probably some contributory negligence on the part of the person who isn't looking where they're stepping.

But there is no "Dogs on Pub Floors Act" which is going to give the answer in words of one syllable.

Bottom line is that the management can "bar" your dog if they want to (apart from any Equality Act considerations), or tell you where it's allowed to lie, and don't need to come up with any sort of legal justification.

DullGreyGuy

There is potential liability on the landlord and the dog owner as the former has responsibilities to ensure they have policies and processes to keep it a safe environment for patrons and the later has direct control over the object that has caused the hazard.

Both may be able to defend against the claim, or claim contributory negligence, but defending claims is costly and would count as a claim against the Landlords PL insurance.