Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

Dog Bite

  • 20-09-2019 11:36am
    #1
    Jac0b_555
    Banned (with Prison Access) Posts: 4 ✭


    Hello,

    my daughter was recently attacked by a dog as she cycled past a house, the dog was out of his pen, saw her and gave chase, jumped the wall knocking her to the ground and bit down on her arm resulting in her having to go to A&E and on to Crumlin Hospital.

    I contacted the dog owners for their insurance details but they do not have any, they are renting the property and I'm wondering if this falls back on the house owner who they say has insurance?

    many thanks


Comments

  • #2
    peteb2
    Registered Users Posts: 1,813 ✭✭✭peteb2


    Jac0b_555 wrote: »
    Hello,

    my daughter was recently attacked by a dog as she cycled past a house, the dog was out of his pen, saw her and gave chase, jumped the wall knocking her to the ground and bit down on her arm resulting in her having to go to A&E and on to Crumlin Hospital.

    I contacted the dog owners for their insurance details but they do not have any, they are renting the property and I'm wondering if this falls back on the house owner who they say has insurance?

    many thanks

    Simple answer without getting into the symantics? No! Why would it? It's not the house owners dog. So its not their problem.


  • #3
    Jac0b_555
    Banned (with Prison Access) Posts: 4 ✭Jac0b_555


    Okay,

    that's fair enough, it just sickens me that the house owner had agreed to put of a fence to keep the dog (Great Dane) enclosed but it was never done and it ended up mauling my daughter!!


  • #4
    hedzball
    Registered Users Posts: 764 ✭✭✭hedzball


    Jac0b_555 wrote: »
    Okay,

    that's fair enough, it just sickens me that the house owner had agreed to put of a fence to keep the dog (Great Dane) enclosed but it was never done and it ended up mauling my daughter!!

    Who told you that???


  • #5
    Jac0b_555
    Banned (with Prison Access) Posts: 4 ✭Jac0b_555


    the dog owner, tenant.


  • #6
    IAMAMORON
    Banned (with Prison Access) Posts: 9,078 ✭✭✭IAMAMORON


    Is your daughter ok?


  • Advertisement
  • #7
    goldenhoarde
    Registered Users Posts: 858 ✭✭✭goldenhoarde


    Jac0b_555 wrote: »
    the dog owner, tenant.

    This is who is responsible.


  • #8
    Jac0b_555
    Banned (with Prison Access) Posts: 4 ✭Jac0b_555


    out of school all week, stitches all over her arm... shocking experience for us all!

    just hope there is no infection,

    sorry if I'm venting...


  • #9
    IAMAMORON
    Banned (with Prison Access) Posts: 9,078 ✭✭✭IAMAMORON


    You need to report the full incident to the Gards and make sure that dog gets muzzled, at the very least, ASAP. You can't be having Great Danes jumping walls and attacking strangers in broad daylight. Very dangerous dogs , not docile at all.

    Great-Danes-3-645mk062111.jpg


  • #10
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Jac0b_555 wrote: »
    Hello,

    my daughter was recently attacked by a dog as she cycled past a house, the dog was out of his pen, saw her and gave chase, jumped the wall knocking her to the ground and bit down on her arm resulting in her having to go to A&E and on to Crumlin Hospital.

    I contacted the dog owners for their insurance details but they do not have any, they are renting the property and I'm wondering if this falls back on the house owner who they say has insurance?

    many thanks

    A horrible experience - hope she makes a full recovery.

    If the tenant has insurance on the contents there is likely to be public liability insurance within that cover.
    I would not take the tenant's word that there is no insurance.
    The trouble is - as pointed out in another current thread - that the owner or tenant do not have to disclose if they have insurance.

    I take it as factually correct that this is the tenant's dog.
    If so, property owner is not likely to have any liability unless this type of thing was going on for some time and the owner had knowledge of this "nuisance".

    I am not sure how helpful AGS are about dog problems or even the local dog warden for that matter....


  • #11
    peteb2
    Registered Users Posts: 1,813 ✭✭✭peteb2


    The insurance aspect here is irrelevant. Even if they had insurance its not like car insurance. You can't make a claim against it. you have to write to the householder looking for them to offer compensation. So your case is against the owner of the dog. If they have insurance, they pass it on and the insurer possibly deals with it. If they dont its tough ****, the case is against them personally and its like suing anyone - insurance doesnt have to there to do that.


  • Advertisement
  • #12
    kirving
    Registered Users Posts: 5,874 ✭✭✭kirving


    You have a duty to sue them IMO, to A) get compensation for your daughter, and B) to ensure it doesn't happen again.

    The dog is well capable of killing someone, and has also proven that it randomly attacks people. Unfortunately only one solution on that front.


  • #13
    ganmo
    Registered Users Posts: 7,748 ✭✭✭ganmo


    This is a criminal case so you should bring it to the gardai


  • #14
    Squiggle
    Registered Users Posts: 1,250 ✭✭✭Squiggle


    You should have reported this incident to the dog warden. This dog is dangerous and should be put down before it kills someone.

    Talk to your solicitor about suing for damages.


  • #15
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    1. Report to Guards. It is a criminal offence to have this dog in public unattended and unmuzzled.

    2. Contact the dog pound. If they dont have a dog licence the animal will be seized.

    3. Contact a solicitor. I'd be suing them for my hospital bills at a minimum.


  • #16
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Mr. Incognito wrote: »
    3. Contact a solicitor. I'd be suing them for my hospital bills at a minimum.


    Absent insurance is it worth trying to sue tenants? Genuine question.


    In addition and directed generally, is there no fall back here to the LL who presumably has LL insurance?


  • #17
    Discodog
    Registered Users Posts: 15,817 ✭✭✭✭Discodog


    If the owner has pet insurance it may cover public liability.


  • #18
    whippet
    Registered Users Posts: 7,668 ✭✭✭whippet


    Samuel T. Cogley wrote: »
    Absent insurance is it worth trying to sue tenants? Genuine question.


    In addition and directed generally, is there no fall back here to the LL who presumably has LL insurance?

    Why would the LL have any liability?


  • #19
    Irishphotodesk
    Registered Users Posts: 1,896 ✭✭✭Irishphotodesk


    whippet wrote: »
    Samuel T. Cogley wrote: »
    Absent insurance is it worth trying to sue tenants? Genuine question.


    In addition and directed generally, is there no fall back here to the LL who presumably has LL insurance?

    Why would the LL have any liability?
    LL could have liability IF the lease included pets, very unlikely, most landlords don't permit pets.


  • #20
    olestoepoke
    Registered Users Posts: 2,386 ✭✭✭olestoepoke


    You need to report attack the Gardai. For the safety of others it's important that you report it. The next time could be worse. A big dog like that and an unprovoked attack. Maybe the dog needs to go for the long sleep


  • #21
    DBB
    Moderators, Recreation & Hobbies Moderators Posts: 9,726 Mod ✭✭✭✭DBB


    Mr. Incognito wrote: »
    1. Report to Guards. It is a criminal offence to have this dog in public unattended and unmuzzled.

    Not quite right. Whilst all dogs must be "under effectual control" whilst in a public place, under the Dog Control Regulations of 1998, only the 11 "restricted breeds" must be muzzled whilst in public. The Great Dane is not one of these breeds. So, unless the owners had been previously compelled under a court order to have their Great Dane muzzled under S. 22 of the Control of Dogs Act 1986, there was no legal requirement for the dog to be muzzled up to this point.

    2. Contact the dog pound. If they dont have a dog licence the animal will be seized

    Under the Control of Dogs Act 1986, the owner of a dog has 10 days to produce their dog's license when requested to do so by the dog warden. Those who do not produce the license within that time are subject to a fixed penalty notice (€100), and as per the usual process, failure to pay the FPN can result in a judge deciding what the penalty will be, under the limitations of the Control of Dogs Act.
    Whilst dog wardens have powers of seizure if an offence is being committed, as you can see, there is already a process in place regarding dog licensing, and in reality, when it comes to not producing the license it's a long road before a dog will be seized because it's not licensed. In practice, I don't remember ever hearing of a dog being seized due solely to the owner not producing its license.

    OP, your first port of call is your local council dog warden. They will initiate proceedings under the Control of Dogs Act 1986 and in all likelihood, in my experience at least, call to the owners to possibly issue a fine for no license or microchip certificate (if either applies), and ensure the owner takes steps to ensure the dog cannot harm others from hereon in. This may include the dog being seized until the court rules upon the fate of the dog.
    S. 21 of the Control of Dogs Act 1986 also makes the owner liable for any damages done by their dog to a person, whether or not the dog has any known previous "form" in this regard.
    Whether or not the owners have insurance, and this is 100% the owner's liability, not their landlord's, is absolutely immaterial.


  • Advertisement
  • #22
    Sittingpretty
    Closed Accounts Posts: 4,872 ✭✭✭Sittingpretty


    Speak to the dog owner, have they offered any recompense for med bills? Time off work etc?

    If they have pet insurance it usually covers public liabilities.

    Also I would report the incident.


  • #23
    listermint
    Registered Users Posts: 33,570 ✭✭✭✭listermint


    Erm the op appears to be banned.stand down


  • #24
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    peteb2 wrote: »
    The insurance aspect here is irrelevant. Even if they had insurance its not like car insurance. You can't make a claim against it. you have to write to the householder looking for them to offer compensation. So your case is against the owner of the dog. If they have insurance, they pass it on and the insurer possibly deals with it. If they dont its tough ****, the case is against them personally and its like suing anyone - insurance doesnt have to there to do that.

    The insurance aspect is highly relevant at a practical level as the absence of insurance can effectively negate any possibility of recovering damages in a meritorious case.


  • #25
    Steve
    Moderators, Category Moderators, Entertainment Moderators, Sports Moderators Posts: 22,584 CMod ✭✭✭✭Steve


    NUTLEY BOY wrote: »
    The insurance aspect is highly relevant at a practical level as the absence of insurance can effectively negate any possibility of recovering damages in a meritorious case.

    I agree, however, it really is a sad reality of our society.

    Those with no 'assets' get away scott free as no legal professional will take on a case that they will clearly win but have no chance of getting paid for.

    Liability is not in question here (IMHO).


Advertisement