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dog bit delivery mans finger

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    #92
    Tommy Kelly
    Closed Accounts Posts: 416 ✭✭Tommy Kelly


    Delivery driver looking for a handy few pound here. I hope he doesn't get a penny. He's the reason we're all paying way over the top for insurance. The government and the system is the reason the OP just to feel safer in a country where gangs are running riot in rural Ireland had to get two dogs to protect him, his family and his property.


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    #93
    eviltwin
    Registered Users Posts: 17,495 ✭✭✭✭eviltwin


    Tommy Kelly wrote: »
    Delivery driver looking for a handy few pound here. I hope he doesn't get a penny. He's the reason we're all paying way over the top for insurance. The government and the system is the reason the OP just to feel safer in a country where gangs are running riot in rural Ireland had to get two dogs to protect him, his family and his property.

    Delivery man hasn't asked for a cent so far.

    OP I'd advise getting a bit of legal advice so if there is any fall out you don't say or do anything to make your situation worse.


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    #94
    marklazarcovic
    Registered Users Posts: 6,210 ✭✭✭marklazarcovic


    howyegettinon1 wrote: »

    And absolutely I am worried about getting sued, cause it's a joke how much compensation you can get for a soar finger.
    I wouldn't even started this thread if it was over 500euro after all medical and court expenses
    Not a hope am I willing to pay 10-15k oven an indecent like this, and getting the dog put down

    was a case in papers recently where a postie got 100k after being badly bitten by a german shepard, not saying thats what will happen here , but take my advice,as a postie, do not be a dick about it towards him, ring the office,try talk to him,be apologetic, it will go a long way towards the eventual outcome being favorable towards you and the dog.

    you will get a letter from an post shortly after he reports it,usually the day after. pay his bills at a minimum,and any loss of earnings.


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    #95
    The Diddakoi
    Registered Users Posts: 488 ✭✭The Diddakoi


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

    You may find some of this helpful.


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    #96
    Tommy Kelly
    Closed Accounts Posts: 416 ✭✭Tommy Kelly


    marklazarcovic wrote: »
    was a case in papers recently where a postie got 100k after being badly bitten by a german shepard, not saying thats what will happen here , but take my advice,as a postie, do not be a dick about it towards him, ring the office,try talk to him,be apologetic, it will go a long way towards the eventual outcome being favorable towards you and the dog.

    you will get a letter from an post shortly after he reports it,usually the day after. pay his bills at a minimum,and any loss of earnings.

    A postman who got his little finger bit (hardly even see it) by my Jack Russel when he stuck his hand in my letter box tried to sue me and get my dog put down.

    Judge had the sense to see through the postman and struck out the case.


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    #97
    Palmach
    Registered Users Posts: 978 ✭✭✭Palmach


    howyegettinon1 wrote: »
    my dog just bit delivery man, he said he has to report it.

    Whats next or what to expect?

    Garden is fenced off properly, has an electric fence as well to keep dogs away from the fence and a large farm gate about chest high.

    Brave delivery man first tried to open the gate and stroll in well aware of the two dogs barking at him, bullmastif and cocker. My friend waved from inside the house and told him to wait

    He was leaning over the gate with his two hands and notepad, as my friend walked up to him the two dogs were at his hip going mad at the delivery man, the postman stuck his hands further over the fence to show his notepad and the bulmastiff snatched his finger.

    Not trying to fluff up story - have it on CCTV - might post the link

    I recon it's your mans fault for not being cautious and swinging his arms around over the gate, house is properly fenced and has a postbox outside for a reason. ---- only thing I'm missing is a beware of dog sign....... on my to do list....

    Don't think he has a right for a claim, what you think?

    Contrary to what most people are saying he is at fault. If his hands were over the fence it is his problem. The dogs are on private property and he chose to enter the property.


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    #98
    marklazarcovic
    Registered Users Posts: 6,210 ✭✭✭marklazarcovic


    Tommy Kelly wrote: »
    A postman who got his little finger bit (hardly even see it) by my Jack Russel when he stuck his hand in my letter box tried to sue me and get my dog put down.

    Judge had the sense to see through the postman and struck out the case.

    hardly comparable but thanks, a serious bite draws blood and causes damage


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    #99
    marklazarcovic
    Registered Users Posts: 6,210 ✭✭✭marklazarcovic


    Palmach wrote: »
    Contrary to what most people are saying he is at fault. If his hands were over the fence it is his problem. The dogs are on private property and he chose to enter the property.

    if you order/recieve something for delivery your inviting someone to your door or postbox,whichever applies. packet/letter


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    #100
    Tommy Kelly
    Closed Accounts Posts: 416 ✭✭Tommy Kelly


    marklazarcovic wrote: »
    hardly comparable but thanks, a serious bite draws blood and causes damage

    Did you see the delivery drivers finger? Mustn't have been too bad if he was able to drive off again.

    If I was that driver, I'd shut my mouth and carry on about my business. Put it down to it being all part and parcel of the job. Sh!t happens.


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    #101
    jimmycrackcorm
    Registered Users Posts: 14,331 ✭✭✭✭jimmycrackcorm


    howyegettinon1 wrote:
    the dogs are there to keep people out, that's their job to warn me and go for anyone trespassing

    howyegettinon1 wrote:
    bell is hidden for a reason, anyone can come around ringing to see if the house is empty, postmen or delivery men know where it is

    howyegettinon1 wrote:
    Totally agree if you are if this was out in a public place It wasn't Dogs are there to protect the private property, trespassing is illegal

    It definitely looks like there is a deliberate intention to have the dogs attack anyone who comes into contract with the property, and to make it deliberate by trying to hide a mechanism where that might prevent it.


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    #102
    Palmach
    Registered Users Posts: 978 ✭✭✭Palmach


    howyegettinon1 wrote: »
    I am curious on whether a claim can be made here on not, and to be honest i font mind giving the guy a hundred quid to cover AandE visit and the tetnis shot.

    Oh yeah there is no way I would disclose the intentions of biting people on any legal grounds. only saying it here

    Don't. That could be construed as an admission of liability.


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    #103
    Tommy Kelly
    Closed Accounts Posts: 416 ✭✭Tommy Kelly


    jimmycrackcorm wrote: »
    It definitely looks like there is a deliberate intention to have the dogs attack anyone who comes into contract with the property, and to make it deliberate by trying to hide a mechanism where that might prevent it.

    OP was afraid of the Limerick and Dublin gangs going around terrorizing the people of rural Ireland.

    The delivery driver got a slight nip on his finger, nothing serious, it'll heal in no time.

    If the judge has an ounce of cop on at all he'll throw this case out and leave the OP and his dogs in peace.

    Your & my insurance won't be going up anymore as a result.


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    #104
    Palmach
    Registered Users Posts: 978 ✭✭✭Palmach


    marklazarcovic wrote: »
    if you order/recieve something for delivery your inviting someone to your door or postbox,whichever applies. packet/letter

    He saw the dogs and saw they were not friendly. Could have and should have rung the number.


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    #105
    The Diddakoi
    Registered Users Posts: 488 ✭✭The Diddakoi


    Tommy Kelly wrote: »

    The delivery driver got a slight nip on his finger, nothing serious, it'll heal in no time.

    Did you see the bite ??
    Maybe he has tendon damage, or nerve damage.


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    #106
    njs030
    Closed Accounts Posts: 4,030 ✭✭✭njs030


    Palmach wrote: »
    Contrary to what most people are saying he is at fault. If his hands were over the fence it is his problem. The dogs are on private property and he chose to enter the property.

    That's irrelevant, dogs should be under control at all times.


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    #107
    dexter_morgan
    Registered Users Posts: 144 ✭✭dexter_morgan


    Tommy Kelly wrote: »
    OP was afraid of the Limerick and Dublin gangs going around terrorizing the people of rural Ireland.

    The delivery driver got a slight nip on his finger, nothing serious, it'll heal in no time.

    If the judge has an ounce of cop on at all he'll throw this case out and leave the OP and his dogs in peace.

    Your & my insurance won't be going up anymore as a result.

    Have you read any of this thread. The OP said "finger was bleeding kinda heavy". Not a slight nip! What Judge are you talking about? There is no case yet! Also, most of these cases will be settled before court between the insurance company and the person suing.


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    #108
    nhunter100
    Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    Palmach wrote:
    Contrary to what most people are saying he is at fault. If his hands were over the fence it is his problem. The dogs are on private property and he chose to enter the property.


    How do you suggest a delivery person makes a delivery to private property? Btw try reading the thread he didn't enter the property also have a read up on what constitutes trespass.


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    #109
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Tommy Kelly wrote: »
    OP was afraid of the Limerick and Dublin gangs going around terrorizing the people of rural Ireland.

    The delivery driver got a slight nip on his finger, nothing serious, it'll heal in no time.

    If the judge has an ounce of cop on at all he'll throw this case out and leave the OP and his dogs in peace.

    Your & my insurance won't be going up anymore as a result.

    What judge are you on about? You'd swear the postman was already on the court room steps.


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    #110
    nhunter100
    Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    Tommy Kelly wrote:
    The delivery driver got a slight nip on his finger, nothing serious, it'll heal in no time.


    The OP claimed the delivery drivers fingers were bleeding quite heavily, so assuming you weren't there and are not the OP how did you arrive at 'slight nip on his finger'?


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    #111
    nhunter100
    Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    Palmach wrote:
    He saw the dogs and saw they were not friendly. Could have and should have rung the number.


    So his mate came out to the driver, Driver holds out pad for signature dog bites driver. What number should the driver have rang?


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    #112
    Tommy Kelly
    Closed Accounts Posts: 416 ✭✭Tommy Kelly


    nhunter100 wrote: »
    The OP claimed the delivery drivers fingers were bleeding quite heavily, so assuming you weren't there and are not the OP how did you arrive at 'slight nip on his finger'?

    He packed up his van, closed doors, fired on his seat belt and drove off.

    My money is on it being a slight nip.

    Mountain out of a molehill here. Another claim for a handy few quid and all of our Insurance about to go up even more.

    Hopfuly the Judge at hand see's through this stunt by the driver and makes an example of him.


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    #113
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    Well, me thinks it's simple: The delivery man leaned INTO the fenced of area, as such, technically, he was trespassing.
    However, Dogs have to be under control at all times - in or outside your property. That didn't happen. I'd say blame here is 50% delivery man and 50% owner. It's most certainly not the fault of the dog - he only acted what was right in his mind.So i do hope this will not have the end that very often meets these animals due to failure of humans.


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    #114
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Tommy Kelly wrote: »
    He packed up his van, closed doors, fired on his seat belt and drove off.

    My money is on it being a slight nip.

    Mountain out of a molehill here. Another claim for a handy few quid and all of our Insurance about to go up even more.

    Hopfuly the Judge at hand see's through this stunt by the driver and makes an example of him.

    Jaysus, you must have been there Tommy where you?


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    #115
    nhunter100
    Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    Tommy Kelly wrote:
    My money is on it being a slight nip.


    Well the OP claims otherwise. Just aswell the delivery guys was able to drive off, because I'm sure there would be a few whinging if an ambulance was called for a 'slight nip on the fingers'.
    Btw ever driven a car/van with an injured hand, not easy but not impossible either.


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    #116
    dexter_morgan
    Registered Users Posts: 144 ✭✭dexter_morgan


    Tommy Kelly wrote: »
    He packed up his van, closed doors, fired on his seat belt and drove off.

    My money is on it being a slight nip.

    Mountain out of a molehill here. Another claim for a handy few quid and all of our Insurance about to go up even more.

    Hopfuly the Judge at hand see's through this stunt by the driver and makes an example of him.

    What are you talking about? What stunt is this driver trying to pull?


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    #117
    nhunter100
    Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    Tommy Kelly wrote:
    Hopfuly the Judge at hand see's through this stunt by the driver and makes an example of him.


    Judges don't make examples, OP dogs were not under control driver got attacked whilst doing his job. OP is in the wrong. Whether you disagree or not is irrelevant.


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    #118
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Ms Doubtfire1 wrote: »
    Well, me thinks it's simple: The delivery man leaned INTO the fenced of area, as such, technically, he was trespassing.
    However, Dogs have to be under control at all times - in or outside your property. That didn't happen. I'd say blame here is 50% delivery man and 50% owner. It's most certainly not the fault of the dog - he only acted what was right in his mind.So i do hope this will not have the end that very often meets these animals due to failure of humans.

    He was not trespassing. It appears a lot of people on this thread have no idea what trespass is.

    13.—(1) It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.


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    #119
    nhunter100
    Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    Ms Doubtfire1 wrote:
    Well, me thinks it's simple: The delivery man leaned INTO the fenced of area, as such, technically, he was trespassing.


    Trespass occurs when you have no valid excuse to be on a property. According to the OP the driver put his hand over a gate for a signature on a pad/form he was attacked by the OP's dog. Liability particularly if as claimed by the OP his dogs are trained to attack lies with the OP.


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    #120
    ShaShaBear
    Registered Users Posts: 5,528 ✭✭✭ShaShaBear


    Ms Doubtfire1 wrote: »
    Well, me thinks it's simple: The delivery man leaned INTO the fenced of area, as such, technically, he was trespassing.
    However, Dogs have to be under control at all times - in or outside your property. That didn't happen. I'd say blame here is 50% delivery man and 50% owner. It's most certainly not the fault of the dog - he only acted what was right in his mind.So i do hope this will not have the end that very often meets these animals due to failure of humans.

    He wasn't trespassing though. He would have asked for a signature and the person who went to sign it would have agreed. That's an invitation to hand someone something to sign.


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    #121
    RustyNut
    Registered Users Posts: 3,430 ✭✭✭RustyNut


    Ms Doubtfire1 wrote: »
    Well, me thinks it's simple: The delivery man leaned INTO the fenced of area, as such, technically, he was trespassing.
    A delivery man leaning over a fence does not constitute trespass as he had "reasonable excuse" to be there. Even if he was trespassing,


    In respect of a danger existing on premises, an occupier owes towards a recreational user of the premises or a trespasser thereon (“the person”) a duty—
    (a) not to injure the person or damage the property of the person intentionally, and
    (b) not to act with reckless disregard for the person or the property of the person,


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