Delivery driver wins compensation after being bitten by dog
Dog attack lawyer James McNally has successfully recovered compensation for a Portsmouth delivery driver who was bitten on his rounds, despite responsibility being strenuously denied by the owner’s insurers.
Mr J was making a delivery to the dog owner’s house. As he approached the open door he called out to let them know he was there. Suddenly a dog ran out from the house and bit him on the thigh.
The Police were called and the dog owner accepted a Community Resolution Order (CRO).
James was contacted by Mr J about recovering compensation for his injury. James accepted the case and offered to work on a No Win, No Fee basis.
Legal responsibility for the dog attack was denied by the owner’s insurers on the basis that while the dog was nervous of strangers it was not aggressive and that Mr J was at fault for not using the letter box.
Mr J was adamant that there was no letter box. He couldn’t use it in any case because the parcel needed signing for and that the dog owner had given no special instructions that the delivery driver should not approach the house.
James obtained the dog’s veterinary records and discovered that on the day of the accident the owner had told the vet that this was the second time the dog had bitten someone and she was so concerned about his behaviour she was considering having the dog put to sleep!
Despite this the insurers still refused to compensate our client. Court proceedings therefore had to be issued.
In the defence filed with the court the owner denied that her dog had bitten anyone before, despite the entry in the vet’s notes, and said that the Community Resolution Order was irrelevant.
James pressed the owner for a formal explanation of the entry in the vet records and confirmation that the police had explained to her that entering into a CRO meant she accepted responsibility for the offence. He also made contact with vet to take a formal witness statement.
These questions appear to have put the owner in a very difficult position as rather than provide an answer her solicitors choose to settle the case out of court by accepting an offer that had been made by James several months before.
“Many people would think that if you are a delivery driver bitten by a dog while doing your job that it should be a relatively straight forward process getting compensation, but as this case shows you need to ensure that you use a solicitor who not only understands the law but is going to have the persistence to follow up evidence and has the experience to understand what tactics to use in winning a claim.
All too often we take over cases from other solicitors (often national firms who advertise on TV) where claims have been dealt with by inexperienced and unqualified paralegals who have given up after the first denial. Our expertise in dealing with dog attack claims means that we understand the importance of something like a Community Resolution Order and we know what to look for in vet records. Our knowledge and experience as specialist lawyers mean that we are going to get our clients the very best result.”
You can speak to nationally acclaimed dog attack lawyer James McNally by calling 0808 139 1606 or emailing [email protected]