Dog bite compensation claim solicitor James McNally recovers £70,000 injured man
Our client was viciously attacked by two dogs as he worked a night shift at a West Midlands factory. The two dogs that attacked him had escaped from a nearby scrap yard. At about 3am they entered the factory where he was working and subjected him to a horrific attack, leaving him with permanent scarring to his stomach and legs, as well as severe PTSD. The attack was only stopped when a colleague struck the dogs with a metal bar and another was able to lock the dogs in the factory canteen.
Criminal proceedings were brought against the dog owner who was convicted and fined. It was hoped that a dog bite compensation claim against him would be relatively straightforward. However, for reasons they were unwilling to disclose, the dog owner’s insurance company refused to indemnify him. This meant that the owner was effectively uninsured and with no assets to his name it was not viable to pursue a compensation claim against him.
Because our client’s injuries were so severe and the impact upon his life so great we wanted to consider every available option before discontinuing the claim. This led us to look at what responsibility our client’s employers should take for events on the night he was attacked.
While during the day the factory had 30 or more staff on duty, during the night shift there were only about 6 workers in total on site and no security. In addition, it was common practice for many of the doors and shutters in the factory to be left open at night to aid with ventilation. This was the case on the night of the attack and it allowed the two dogs to get into the factory. While the dog attack on the factory premises was highly unusual, it was not unforeseeable that something similar could put an employee at risk. On this basis the dog bite compensation claim was brought against our client’s employer.
The claim was strongly defended by the employer and Court proceedings had to be issued. Our client found the claim very difficult to engage with because it brought back terrible memories of the night of the attack. This called for a very understanding and measured approach to be taken by us, with meetings taking place in person and with a specialist personal injury barrister where possible so our client had time to process what was being discussed.
Our persistence paid off. The employer eventually agreed to take part in a settlement meeting and following negotiations agreed to pay compensation totalling £70,000.
Says specialist dog bite solicitor, James McNally:
“This claim was unusual for us. While it involved a dog attack we were unable to rely on the usual dog bite law because it was a claim against employers, not the actual dog owner. The decision by the insurers not to indemnify the dog owner was incredibly frustrating and delayed our client’s access to vital treatment. However, the case highlights the fact that firstly at Slee Blackwell we will explore every avenue to ensure that our clients get compensation and secondly, that while we have specialist dog bite expertise we also have years of knowledge and experience in general personal injury law which allows us to think outside the box and get our clients the very best result.”
If you are looking for experienced dog bite compensation claim solicitors with a first class track record then call us for a free case assessment and details of No Win – No Fee funding on 0333 888 0404 or email details to us at [email protected]