Dog Attacked/fight Who Pays Bill?

[bluesmile]

Hello there,

I am the owner of a three year old, male black lab. Last weekend as I was away I arranged for my dog to be cared for by a local home boarders. As my dog is not yet neutered the lady whom runs the business thought this may cause a problem as she herself also has a three year old un-neutered male, a spaniel though. Therefore we arranged for the dogs to meet and although there was some growling they basically left each other alone, so I went ahead and booked him in.

As I went to collect him on the Sunday evening the business owner was not present, however her partner was and had stated that it had been a difficult weekend as they had, had to keep them separate the whole time. Upon arrival my dog was indeed in one room with the other dogs in a different room. Before we left he put his dogs into the kitchen and allowed us to take our dog. Unfortunately as we were broaching the garden gate (my daughter and I) his three dogs came from behind us and sure enough a fight broke out between my dog and the Spaniel. This was obviously a distressing sight to behold and went on for a few moments until he got a broom to separate the dogs, he then promptly told us to get out of here quick. As I was reversing my car he did come back and asked if my dog was ok and I said he appeared to be and he said that their spaniel was also.

When we got home we looked at our dog more closely and saw actually that his right ear has a puncture wound on the inside and he had a wound underneath his left eye. I panicked then and phoned the emergency vet whom kindly calmed me down and advised that as my dog was being quiet she assured me that for him to be seen the next day would be soon enough. So I took him to the vets on Monday and as he wouldn't let the vet look into his ear she said he would have to be sedated so she could see what was going on etc.etc. The care that the vet has shown has been outstanding (this is my first pet, so I'm very impressed) anyway the bill on Monday came to £270 and I took him again for a check up yesterday which the vet kindly didn't charge me for (as I said I only has £300 put aside at the moment), but of course did charge me for some more medicine so another £20, and he also needs to be seen next Friday again to see whether an ear infection has developed due to this.

The owner of the home boarding place was initially in touch on Monday morning and left a message about how they had been fine together all weekend and how its one of these things. I then texted her back saying that actually my dog was not ok, asked after her dog, described my dogs injuries and said I'd been at the vets with him on, she just made a flippant remark in reply to this.

Anyway... My question... Finally!! I was with some friends today and they seem to think that perhaps this lady should pay some/all of the cost towards the vet bill as it was on her property and as she is a business owner then perhaps her insurance would pay something if she wont? I've tried looking over the internet and cannot find any sort of specific information regarding this, so would really appreciate any advice please? As previous to speaking to my friends I was more relieved I did have the resources for the vet bill and upset that the business owner hadn't even enquired as to how my dog is doing. But if there is some sort of claim I could make of course that would help me out enormously as I hadn't anticipated this payout.

If it is a case of it being one of those things then I'd be equally grateful to know that as well, thank you.

[Buenchico]

If someone else's negligence results in damage to your property, you're entitled to receive compensation for any financial loss you suffer as a result of it. (A dog is, in this respect, regarded as 'property' and an injury to it is regarded as 'damage'). So, if your claim was to be heard by a court, you'd need to be able to establish that the spaniel's owner was negligent.

Given that he was aware of the animosity between the two animals, it would seem reasonable to have expected him to keep the spaniel locked up until he was certain that you'd left his premises. So, by failing to do so, it would appear that a court might well rule that he was negligent.

If you can't reach an amicable settlement, your only way forward would be to send a formal letter of demand to the guy. That letter should:
(a) show your name and address ;
(b) show the name and address of the guy you're sending it to ;
(c) be dated ;
(d) include the word 'demand' (as in 'demand for payment') ;
(e) clearly state the amount demanded ;
(f) show a breakdown of how you've arrived at that figure ;
(g) state the reason behind your demand (i.e. because you've suffered a loss through the other person's negligence) ;
(h) include a statement indicating that if payment isn't received within a specified period (I suggest 14 days) you'll commence legal proceedings ;
(i) state that if you need to resort to legal proceedings, you'll ask the court to add on your costs to the order made against the guy ; and
(j) be sent using Royal Mail's 'Signed For' service.

If you then fail to be reimbursed, you should commence legal proceedings using the HM Courts and Tribunals Service's online system:
https://www.moneyclaim.gov.uk/web/mcol/welcome

[THECORBYLOON]

I would also include a bit saying that any future costs resulting directly from the attack will also be recoverable.

[Peter Pedant]

This actually makes sense
https://www.bluecross.org.uk/pet-advice/laws-all-dog-owners-need-know
scroll down

Have a read of the Animals Act 1971 (wiki)
and then the Dangerous Dogs Act 1991 (wiki)

and then decide since all parties knew the dogs were gonna fight (that seems to be agreed) whether negligence is required ( it may not be - there may under this scenario be strict liability ) or whether the facts allows you just to claim

think of the cost - £270....

cross off your list the choice - see a lawyer ( £200 a hour not recoverable as this will be the small claim ct)

have a cup of tea and write off the cost. - go to bed.

[Peter Pedant]

yeah I agree that this is a law thread and my advice is always
'chrissakes whatever you do - dont go to court!"

[unless it is possession of a let house for arrears]

[wolf63]

Boy dogs fight, not dogs who are not castrated fight more often.

Where did you find the pet sitters? There are some agencies who vet such places and insist on insurance to cover any incidents.

I had a psycho hound who attacked other boy dogs out of fear. I used to leave him in kennels as I felt that it was best for all concerned. He loved going.

[lankeela]

Apart from a moral obligation to pay, if this person does the pet sitting as a business then it is surely in their interests to pay the vet bill because the amount of bad publicity you could generate could put them out of business (facebook cannot be beaten for this!). If they are a business they should be insured. But big question is why are they taking other people's dogs in if they have an entire male who is obviously not good with other males. So many problems with pet sitters losing dogs, not seeking vet treatment and now this makes me wonder why people trust others with their precious animals - I would much prefer to know they are safe and secure in a kennel.

[lankeela]

Apart from a moral obligation to pay, if this person does the pet sitting as a business then it is surely in their interests to pay the vet bill because the amount of bad publicity you could generate could put them out of business (facebook cannot be beaten for this!). If they are a business they should be insured. But big question is why are they taking other people's dogs in if they have an entire male who is obviously not good with other males. So many problems with pet sitters losing dogs, not seeking vet treatment and now this makes me wonder why people trust others with their precious animals - I would much prefer to know they are safe and secure in a kennel.

[bluesmile]

Thank you for all your replies. Just thought I'd post a little update....

After two attempts of asking the business owner for their insurance details she replied on Thursday morning stating how shocked she has been at my request for the details and saying that the fight ensued due to my daughters carelessness. Of course I responded amicably explaining properly that it was due to her partners carelessness to secure their dogs properly and again asked for the business insurance details, of course I am now awaiting a further response... therefore I am assuming that she is uninsured as her refusal to give the details or communicate at all with me leads me to this conclusion.

I am unsure what course of action to now take. Yes Lankeela, I did indeed find this person to look after my dog through her business page via Facebook and am aware I could cause her business some damage if I chose to go public with this, I was just hoping to avoid this course of action, but then again I wouldon't want the same thing to happen to another dog either as the whole experience has been a lot of stress all round.

I think I am going to write the letter first Buenchico so thank you for putting down clearly what to put and thank you to Corbyloon as we were at the vets again yesterday and my dog has now developed an ear infection so the cost is still increasing.

Oh and of course I will definitely be sticking to known and trusted kennels from now on, fortunately though our next holiday includes the dog so it will be a while until he will require care again.

[Rockrose]

You put your dog in that kennel knowing that he was growling at other dogs so I feel personally as you were willing to take the chance then it is unfair to penalise the owner