Who pays medical bills of dog bite

gud4u

Who is liable for the medical bills of a dog bite if someone comes into your garden when you're not there. Eg, esb/gas worker, service person with no prearranged permission to enter, etc.

Should you be liable or their company as they were just doing their job.

There has been a few drs appointments and minimal hospital treatment was required.

The dog in question is nothing more than a house pet and just mopes around the outside of the house everyday.

I'm not wanting to provoke a debate on anything related, or is there another board more appropriate to ask in.

kylith

That's a tricky one, and you may be better off calling a solicitor.

however I do know that pet insurance generally covers incidents like this, so you might want to check your policy.

Bullseye1

It really depends on where the meter box is. If he had to hop a side or rear fence to get access and the dog was behind said fence there would be some argument as to liability I would guess.

As far as I know these people do not need permission to read the meter. The owner of the dog owes a responsibility to these people. If you don't want them entering areas of your property then you should locate meters and post boxes in areas where they will not be bitten.

seamus

You are liable. It's your dog.

There is an implied permission to enter your garden for the purposes of delivering mail, checking meters, etc. So you have a duty to avoid any reasonably forseeable incidents on your property, including your dog chasing them.

evilmonkee

gud4u wrote: »

no prearranged permission to enter, etc.

I think the issue is what seamus said, does the person have permission eg. reading a gas meter in the garden. I don't know, probably best to ask a solicitor about that.

However, in general, if a person is on your property without your permission, AFAIK they are liable because they are trespassing.

seamus

evilmonkee wrote: »

I think the issue is what seamus said, does the person have permission eg. reading a gas meter in the garden. I don't know, probably best to ask a solicitor about that.

However, in general, if a person is on your property without your permission, AFAIK they are liable because they are trespassing.

Trespassing really only applies in two cases:

1. Where someone is on your property despite being specifically told that they may not enter
2. Where someone is on your property with malicious intentions.

Outside of this, it's not specifically illegal for someone to be on your property without permission unless they are there to commit a crime (vague, I know).

With that in mind, a property owner needs to consider any reasonably foreseeable incident. For example, if you were to leave a petrol lawnmower running in your garden while you went inside and a child entered your garden and injured himself on the lawnmower, you could find yourself liable even though the child shouldn't have been there.

However if the lawnmower was in your shed and the child went in and started the lawnmower, you are less likely to be liable because that is not a reasonably forseeable incident.

It's not a black-and-white area of law.

In the case the OP mentions, it's reasonably forseeable that someone would enter the property to deliver mail, take a meter reading, etc, therefore he would have a duty of care to ensure that the dog does not pose a threat to them.

gud4u

Thanks for the reply, I agree, probably a very grey area, I'm just asking for someone else, thankfully it's not me personally. The owner may get himself to a solicitor.

You have to open gates to get to my lot and pass signs stating not to enter unless you are with owner. The worse thing is, my dogs mightn't bite, but I never want to find out either.

Like I said, the dog in question is an older cross, I think, certainly not a percieved breed. (RB)

He must have just caught him on a bad day, the bite was nasty enough.

aisher

http://www.injury-compensation.ie/dog-bite-injury-compensation/

From reading the above I would think the owner of the dog would be responsible and could be liable.

Personally, one of the reasons I took out pet insurance was in the event of my dog causing either a road traffic accident or biting someone - I cant imagine having the stress of being sued over my dog without insurance.

Discodog

Not only are you liable but bear in mind that you could of possibly faced prosecution & that could have serious consequences for the dog. As your "card has been marked" you need to ensure that the same thing can't happen again.

It is a grey area & open to subjectivity but a Court is very likely to rule in favour of someone who is bitten whilst carrying out their lawful business.

planetX

gud4u wrote: »

The owner may get himself to a solicitor.

probably cheaper just to pay the medical bills...

Tawny Owl

The person who owns the Dog is liable just say a postman is entering to deliver a letter maybe a gas or electric bill if he is bitten the Postman or Post person can and have done wrote on a letter DAL meaning Dog At Large which means you or the friend will find themselves collecting there post at the nearest Post Office and maybe a trip to court for the injuries to the Postperson and a Gas reader is no different keep the dog locked aside or you will be reading your own meters and collecting your own post

gud4u

planetX wrote: »

gud4u wrote: »

The owner may get himself to a solicitor.

probably cheaper just to pay the medical bills...

Yeah you're right, insurance for my lads is over €500, I would be devastated if they bit someone(innocent) badly.

Thanks again.

Birdnuts

seamus wrote: »

You are liable. It's your dog.

There is an implied permission to enter your garden for the purposes of delivering mail, checking meters, etc. So you have a duty to avoid any reasonably forseeable incidents on your property, including your dog chasing them.

I was told the exact opposite a few years back - no permission given = no comeback in the event of dog attack on your property

gud4u

Birdnuts wrote: »

I was told the exact opposite a few years back - no permission given = no comeback in the event of dog attack on your property

So I thought too, but apparently not. We have a service agreement for an annual check on a septic tank and they have it on their files that they are not to enter alone under any circumstances, no matter how confident the service person is. It has just occured to me to get the same put on the esb and oil delivery services.

Personally, I think the owner will always be held liable unless you are actually being burgled, as long as the dog doesn't drive the car over the burglar and pin him to the ground until help arrives, even then they will probably come after your house insurance, and get say....€175,000.