We can provide representation for workers injured by dogs or other animals.
In some circumstances liability is ‘strict’ and the injured person does not have to prove negligence such as when injury is caused by a dangerous species under section 1 of the Animals Act 1971. Strict liability would also follow where the 3 requirements of Section 2(2) of the Animals Act 1971 are met. These are that (a) the damage was of a kind which the animal was likely to cause or which, if caused by the animal, was likely to be severe; and (b) the likelihood of the damage or of its being severe was due to characteristics of the animal which are not normally found in animals of the same species or are not normally found except at particular times or in particular circumstances; and (c) those characteristics were known to that keeper or were at any time known to a person who at that time had charge of the animal.
The application of these requirements has been considered in a number of leading court decisions and it is necessary to assess with each client as to whether the requirements are met in their particular case.
If the facts of your case don’t meet above requirements there may still be a claim if the keeper of the animal can be proven to have been negligent. Proving negligence can be helped by the evidence of witnesses who have encountered similar problems with the animal on previous occasions or in the case of dog bites by relying on convictions for offences relating to the keeping of a dog dangerously out of control in any place, including all private property contrary to Section 3(1) of the Dangerous dogs Act 1991 as amended.
Where safe systems of work have not been established by an employer and appropriate information passed on, or training given regarding deliveries to premises where unsupervised dogs may be on the loose the employer may be liable and a claim may be brought against the employer’s liability insurance. If in doubt workers should be told not to enter and they should be encouraged to put personal safety first as recommended by the HSE’s Aggressive Dogs Toolbox Talk which says:
Never enter a premises where a dog is loose and hope that it won’t bite, report to your supervisor that it is not safe to enter, even the friendliest dog can take a role as guardian and attack.
Carrs Solicitors act for clients throughout England and Wales and have the considerable experience in successfully recovering damages for clients who have sustained injuries caused by animals. We can act on a No win - No fee basis so there is no up-front payment and only a capped contribution to our fees to be made from the damages won at the end of the case if the claim succeeds.
We offer free initial legal advice and expert solicitor representation based upon years of experience in successfully bringing workers’ injury claims.
At Carrs Solicitors, you will always have a senior solicitor who will personally handle every aspect of your personal injury claim and who will always be available to answer your questions. We are ready to listen and to offer free impartial advice in strict confidence.
No win, no fee, no obligation
Whilst we are based in Bolton, we are happy to travel nationwide. Arrange a home visit today.