Liability question

Lockable

Hello all, I'm seeking advice about a situation I find myself in & I'm not certain this is exactly the right place to look.

Recently an individual from my neighbourhood has been walking their dog on a private lane where my house is situated. The lane in question is a no through route with no public byways or rights of way upon it. It is un-adopted by the local authority. No pavement, no street lighting.

The individual in question walks their dog because they are too lazy to walk it properly and brings the animal there solely to use as a latrine. A little over a week ago they brought there dog there and let it off lead whereupon the dog moved up the lane & onto my property. My dog was behind a barrier in the rear of the property. After an incident in which the two dogs came together, the individual is attempting to claim for a minor injury he claims his dog sustained which they see as my responsibility somehow. 

Does anyone have any insight into whether a small claims case against me would be viable given that they were trespassing some distance from a public road and that the specifics of the dog attack are disputed?

The people in question have been intransigent with regard to any other solution than being reimbursed for an extortionate emergency vet bill. Something I find suspicious as I have reason to believe that their insurance will or have already settled the bill.

Apologies in advance if this is the wrong place to post. Any advice or insight gratefully received.

DullGreyGuy

Lockable said:

Hello all, I'm seeking advice about a situation I find myself in & I'm not certain this is exactly the right place to look.

Recently an individual from my neighbourhood has been walking their dog on a private lane where my house is situated. The lane in question is a no through route with no public byways or rights of way upon it. It is un-adopted by the local authority. No pavement, no street lighting.

The individual in question walks their dog because they are too lazy to walk it properly and brings the animal there solely to use as a latrine. A little over a week ago they brought there dog there and let it off lead whereupon the dog moved up the lane & onto my property. My dog was behind a barrier in the rear of the property. After an incident in which the two dogs came together, the individual is attempting to claim for a minor injury he claims his dog sustained which they see as my responsibility somehow. 

Does anyone have any insight into whether a small claims case against me would be viable given that they were trespassing some distance from a public road and that the specifics of the dog attack are disputed?

The people in question have been intransigent with regard to any other solution than being reimbursed for an extortionate emergency vet bill. Something I find suspicious as I have reason to believe that their insurance will or have already settled the bill.

Apologies in advance if this is the wrong place to post. Any advice or insight gratefully received.

So to sum it up... a dog off the leash came onto your property, your dog and theirs were separated by some form of barrier got into a fight and the owner is asking you to cover the cost of vet treatment?

You are public accusing them of fraud by stating they have already been paid by their pet insurance and also trying to claim from you... what evidence do you have to back this up?

Technically the law considers dogs as chattel (ie property) and as such dont believe they cannot legally trespass any more than a leaf can. 

Do you have Pet or Home insurance? If so one or the other is likely to be able to defend you in any claim made against you. 

Alderbank

The OP's pet or home insurers might be among those lawyers who would not agree with your belief:

In Farms and trespassing: know your rights, Mark Woodman, solicitor at DAS Law states, 'a dog which is unaccompanied, or which an owner allows to run around off the line of the path, commits trespass against the owner of the land.

In 'Managing Unwanted Guests' Matthew Knight of Knights Solicitors opines  'Trespassing dogs and cats - Trespassing laws are not only applicable to humans but also the animals they are responsible for.'

The relevant law seems to be the Animals Act 1971, which is a very confusing and poorly drafted piece of legislation.
However here is a good attempt to make sense of it
https://www.exchangechambers.co.uk/claims-under-the-animals-act-1971/

The author says A person is not liable under section 2 of this Act for any damage caused by an animal kept on any premises or structure to a person trespassing there, if it is proved...that the animal was not kept there for the protection of persons or property.

So unless the trespasser can prove that the OP's dog is specifically kept as a guard dog, the OP is not not liable for any damage done by his dog to a trespasser or a trespasser's property

Lockable

So to sum it up... a dog off the leash came onto your property, your dog and theirs were separated by some form of barrier got into a fight and the owner is asking you to cover the cost of vet treatment?

Yes, this about sums it up. The barrier was a temporary one and the dogs were able to get past it with some effort. It seems so odd to me that they think I have a case to answer but they are fixated.

"You are public accusing them of fraud by stating they have already been paid by their pet insurance and also trying to claim from you... what evidence do you have to back this up" -- I have heard anecdotally that this is the case. Not sure how I can find this out for certain.

user1977

Lockable said:

So to sum it up... a dog off the leash came onto your property, your dog and theirs were separated by some form of barrier got into a fight and the owner is asking you to cover the cost of vet treatment?

Yes, this about sums it up. The barrier was a temporary one and the dogs were able to get past it with some effort. It seems so odd to me that they think I have a case to answer but they are fixated.

"You are public accusing them of fraud by stating they have already been paid by their pet insurance and also trying to claim from you... what evidence do you have to back this up" -- I have heard anecdotally that this is the case. Not sure how I can find this out for certain.

It doesn't really matter unless they actually pursue a claim. In which case you pass it to your insurers to sort out.