Quote:
Originally Posted by sskmick
Hi I put the original post on as to making a claim, which unfortunately I didn't make very clear.
I didn't want to say outright there is no claim to be made, in this situation when your baby is in pain you feel someone should be made to be responsible. The lady owner was honest, I have come across hundreds of people who say Sorry he's never done that before.
Unfortunately it isn't pappycock Darren is right. Both dogs were off the leash neither were under control.
Even a hyperthetical scenario if the aggressive dog was on a leash (under control) the pup wasn't, the legal position is the same, the pup was not under control.
Had the pup been on the leash and the aggressive dog approached, then that should make a difference. However lets be realisic, I doubt a claim would succeed regardless of circumstances, and personally I wouldn't risk being out of pocket on principle.
Sue
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I disagree, If the dog is know to be dangerous then the owner will owe a duty (Caparo v Dickman) to keep it on a lead/muzzle it. It is on the basis of this duty that the tort and any claim depend.
Sue, are you saying that the fact that both the dogs are off the lead will constitute a Novus Actus? The aggressive dogs actions are clearly reasonably foreseeable.
Let me know what you think?
If you negligently allow your dog to be the cause of a car accident whilst it is off the leash will you not be liable?