Should I make a dog bite claim

[betty_boop]

On Monday I was bitten by a dog while doing my round, there were two west highland terriers in the garden and foolishly I entered. My left leg was barely past the gate when one of the dogs attacked, I had to pull my leg and trousers out of the dogs mouth. The owner appeared and said "he's only trying to get your shoelaces". I told him his dog had bitten me and initially he didn't believe me until I lifted my trouser leg and showed him. He appeared quite surprised but I don't recall him apologising, to be honest I just wanted away and walked off leaving the man standing there. The bite did not appear too bad initially but since then it has gone badly bruised and has been quite painful.

The police, dog warden and rm have been made aware and all are taking it seriously. I did not need any time off but I did need a tetanus and have been wearing a bandage since. Should I make a claim against the owner? I don't want to involve rm because I feel they were not at fault and have done everything they can to assist me since the attack. What should be my next step if I wanted to make a claim? And who would be the best person to contact?

Thank you in advance for replies.

[IcanthelpthewayIam]

On Monday I was bitten by a dog while doing my round, there were two west highland terriers in the garden and foolishly I entered. My left leg was barely past the gate when one of the dogs attacked, I had to pull my leg and trousers out of the dogs mouth. The owner appeared and said "he's only trying to get your shoelaces". I told him his dog had bitten me and initially he didn't believe me until I lifted my trouser leg and showed him. He appeared quite surprised but I don't recall him apologising, to be honest I just wanted away and walked off leaving the man standing there. The bite did not appear too bad initially but since then it has gone badly bruised and has been quite painful.

The police, dog warden and rm have been made aware and all are taking it seriously. I did not need any time off but I did need a tetanus and have been wearing a bandage since. Should I make a claim against the owner? I don't want to involve rm because I feel they were not at fault and have done everything they can to assist me since the attack. What should be my next step if I wanted to make a claim? And who would be the best person to contact?

Thank you in advance for replies.

speak to your rep, there a dog attack claim form he can help you fill in to start the ball rolling, you wont be claiming off royal mail, the union solicitors will claim against the householder

[Surreypostie]

I'd make the claim. End of.

[betty_boop]

Is that the legal firm on the back of cwu membership card? If so I'll give them a phone cos I would rather my office didn't know about it

[IcanthelpthewayIam]

Is that the legal firm on the back of cwu membership card? If so I'll give them a phone cos I would rather my office didn't know about it

yes thats them, but you will probably find the office will find out just so you are aware when the firm calls your dom for more info etc

[DB1100]

Why didn't you shout the homeowner?,I'd have thought it was your own fault for going in,especially as you saw the dog's,people should have responsibility for their own actions and not seek to blame other people.

[IcanthelpthewayIam]

Why didn't you shout the homeowner?,I'd have thought it was your own fault for going in,especially as you saw the dog's,people should have responsibility for their own actions and not seek to blame other people.

the home owner is also to blame here as well, as they now have a duty to have their dogs under control as well, so there is joint resposibility and any court judgement would reflect that he went in knowing the dogs were loose but also knowing that home owner should of had them under control

[DB1100]

Why didn't you shout the homeowner?,I'd have thought it was your own fault for going in,especially as you saw the dog's,people should have responsibility for their own actions and not seek to blame other people.

the home owner is also to blame here as well, as they now have a duty to have their dogs under control as well, so there is joint resposibility and any court judgement would reflect that he went in knowing the dogs were loose but also knowing that home owner should of had them under control

Royal mail tell us time and time again do not go in if there are dogs about,common sense tell us the same things,if she had shouted the home owner he or she would have been in a position to control their dog's.The law shouldn't be used to allow people to profit from their mistakes.

[TrueBlueTerrier]

Royal mail tell us time and time again do not go in if there are dogs about,common sense tell us the same things,if she had shouted the home owner he or she would have been in a position to control their dog's.The law shouldn't be used to allow people to profit from their mistakes.

I agree but a counter argument is that should people who make mistakes (the owner of the dogs?) and someone else is injured (the postie) should they escape having to compensate the injured party even if the injured party was partly to blame.

Worth thinking about at least.

[gluteus maximus]

The law now stipulates that Dogs have to be kept under reasonable controll when in the boundary of your own home. Letting a dog frun free in the front garden rather than the rear is not keeping the animal under reasonable control. This employee has every right to make a claim for personal injury

[DB1100]

Royal mail tell us time and time again do not go in if there are dogs about,common sense tell us the same things,if she had shouted the home owner he or she would have been in a position to control their dog's.The law shouldn't be used to allow people to profit from their mistakes.

I agree but a counter argument is that should people who make mistakes (the owner of the dogs?) and someone else is injured (the postie) should they escape having to compensate the injured party even if the injured party was partly to blame.

Worth thinking about at least.

I see your point but letting your dogs in your own garden surely is not a mistake,and if the postie had shouted that she wanted access the homeowner would have got her dogs out of the way,if there is a hazard i'e dogs you don't just go barging in.if the dog's weren't visible or the postie didn't know the case for a claim would be stronger,after all you don't just walk straight out into the road do you?

[DB1100]

The law now stipulates that Dogs have to be kept under reasonable controll when in the boundary of your own home. Letting a dog frun free in the front garden rather than the rear is not keeping the animal under reasonable control. This employee has every right to make a claim for personal injury

Reasonable control,I agree,shout the homeowner to let her or him know you want access then when they have their dog's under control then go on to their property,if they don't answer don't go in,endorse the mail and bring it back,if the postie had a dom who went be the book she could be conducted for this

[IcanthelpthewayIam]

Royal mail tell us time and time again do not go in if there are dogs about,common sense tell us the same things,if she had shouted the home owner he or she would have been in a position to control their dog's.The law shouldn't be used to allow people to profit from their mistakes.

I agree but a counter argument is that should people who make mistakes (the owner of the dogs?) and someone else is injured (the postie) should they escape having to compensate the injured party even if the injured party was partly to blame.

Worth thinking about at least.

I see your point but letting your dogs in your own garden surely is not a mistake,and if the postie had shouted that she wanted access the homeowner would have got her dogs out of the way,if there is a hazard i'e dogs you don't just go barging in.if the dog's weren't visible or the postie didn't know the case for a claim would be stronger,after all you don't just walk straight out into the road do you?

its all about degrees of responsibility, yes postie is definitely partly for blame for putting himself in the situation, and so is the dog owner for creating the situation, remember with the new change in the law, dogs must be under control even in your own private garden

if you did walk straight out into the road, you would still have a claim if hit by a car, again its about the degree of responsibility of everyone involved

[DB1100]

I've been bitten a few times,and take responsibility for my own safety and so should other people,I know the law about dog bites needed changing but if it has gone to this extreme and removed the need for common sense it has gone to far.

[bustedflush]

We had a potentially serious incident this week. A chap I work with quite often knocked on a bloke's door with a signed-for. The bloke opened the door and one of his two dogs leapt at my colleague, trying to bite his upper body/face. He raised his arm and it bit his forearm instead before the bloke dragged the f*cker away. He went to hospital to have it cleaned and the tetanus etc. We had a meeting the next day and the manager told us all the usual spiel about dogs, and I asked if the Police had been informed given the new legislation, a question which he bypassed to much snickering and eye-rolling.
The bloke was very apologetic. This attack was unexpected and unpredictable, so how would clairvoyants like DB100 respond to that?? The owner was there, the dogs inside. The only way to avoid this totally is to simply not deliver to ANY house with a dog UNLESS there is an external mailbox, and don't attempt to deliver ANY signed-for/packets, automatically leaving a P739.
Ultimately it comes down to judgement, and it doesn't help on the few occasions a postie gets it slightly wrong when posters like DB100 start quoting chapter and verse at the injured party.