Dog Attacks – The Postman Bites Back
Everybody has seen a cartoon where the poor local Postman must run the gauntlet against the trouser-targeting guard dog. Recent developments in the Law have now improved the situation where the attacked Postman, or indeed any victim of a dog attack, may be able to hold the dogs owner accountable for the actions of their pet.
An owner/keeper will be liable if the following three stage test can be met:-
1. The damage caused has to be a kind which, if the animal was not restrained, it was likely to cause or was likely to be severe.
2. The damage caused has to be due to a characteristic of that animal which is not normally found in the species or is only found in particular times or circumstances
3. The owner or keeper must have knowledge of that characteristic
An owner could historically successfully defend the matter by arguing that, under point 3 above, the animal had never bitten before and therefore they could not be liable.
However recent case law suggests of that Courts consider that knowledge of a characteristic must be narrowed down to knowledge of characteristics normal to the breed in certain particular times and circumstances.
This means that the Courts take a more relaxed view in the case of a victim’s recovery of damages for any pain, physical or emotional injuries that they have suffered as a result of a dog attack.
Therefore, we would suggest that if a person bought a dog as a guard dog then he or she would know it may bite, and therefore take precautions against it doing so, even if it hadn’t bitten anyone before.
If you have been the victim of a dog attack call or email henry.prescott@solicitordirect.com or call 01772 426539 to speak to the team for a free consultation.
