Can you take someone to court for vets fees?
 

Chap I work with has been trying to find a home for the family dog since his split with the wife. He found another family with two children (1 and 2) and they will take the dog (20 month old king charles) and he was happy because the new owners were more than happy for his children to pop round to say hello.

Now, this weekend he took the dog to the new owners for the hand over and while the dog was in the garden next doors dog (a Dalmation) broke through the fence and savaged the king charles. The Dalmation was ragging this little king charles about and my work mate managed to get the king charles out of the mouth of the dalmation.

The dog needs an operation tomorrow because of something has been reptured in his stomach and he's in a pretty poor state. I'm not sure how my work mate has handled the dalmation owner but I doubt he's been very forceful. He said to me he hopes the bill won't be more than £100 - I just stared at him and said you might find another naught on the end of there quite easily.

The dog obviously can't go to these people now assuming it survives and I would imagine the family are a bit concerned having small children close to a dog that has been violent. (I appreciate the issue is territorial rather than savaging anything small and plump but I'd not be too comfortable about it). I would assume small claims is the only answer.

The short answer is yes, the dalmation owners are liable (assuming the facts are exactly as stated)

Dalmation owner may well have insurance in which case third party liability should be included.

I'd report it to the police as you don't want an out of control dog running around. You may well find that they have committed some sort of criminal act, and the police may well issue a crime number.

You can take someone through the civil courts to recover costs that you think they are liable for. I'd hop down to the Citizen's Advice Bureau and have a chat. Could be a bit of hassle if you do it yourself, and the neighbours may not appreciate it. Best have a chat with them to start with and see if it can be sorted amicably.

It's also probably worth seeing who is responsible for the maintenance of the fence. If it goes to court a likely arguement will be that the fence wasn't maintained, assisiting the break-out.

sorry too hear bout ya dog hope gets better soon.....my mrs very big fan of spaniel type dogs

Agree with all the above. Hope it gets sorted out.

£100 for an op, if only eh. Are they sure they want a dog? Or are ready for the bills.
Either way, I hope they are insured and the poor pooch gets its op.

Its not my dog fortunately and he's been trying for ages to find a suitable home. This was ideal until the Dalmation attacked. He did say the neighbours were in the process of putting up a fence so not sure which side of the fence is responsible for the the dalmation getting into the other garden.

The dog has the opp tomorrow so I would think he'll get the bill soon after. Its going to be high - it just has to for an opp. The dalmation owner may stump up but it may get ugly. It will have to be a court thing I think.

I can't see the Police being interested being as it is a dog on dog incident and not a person which was attacked, although dogs are classed as property in the eyes as the law just as any other object such as a car would be, maybe criminal damage at a push but I really don't see a great deal happening

I'm not sure how this would work. Even if you are responsible for the maintenance of a fence is it your responsibility to have a fence sturdy enough to prevent whatever animal happens to live next door getting out?

In one house we had the fences between the gardens were just 3 foot concrete posts with three wires between them. Obviously that's not going to stop a determined big dog getting out. I would have thought that it must ultimately be the dog owner's responsibility to prevent it getting out.

As it happens we now have a King Charles Spaniel next door and it is constantly trying (and occasionally succeeding!) in burrowing underneath/through the bottom of our 6 foot fence. I really don't think that it is down to us to stop this happening, not that its that much of a problem anyway.

We've had King Charles for 20 years so we feel very sorry for this little chap :cry: Do hope he/she recovers. Super family dogs but they do suffer heart problems. Yes and they can try and burrow out - usual sign is very dirty front paws after a spell in the garden :D I wonder if your work pal tried one of the Cavalier rescue homes as they will take them in and try and re-home them?

Yes tell him to sue the bugger. Get a crime number from the police even if they don't want to know. Perhaps the RSPCA will give your pal some advice. Then small claims unless neighbour pays up in full or claims on his own insurance.

Good luck to him and doggy.

dl

The household Insurance will generally cover these costs ... Lawyers4U or some such outfit will probably take it on (but only if there is insurance to cough up).

Failing that you can ask for the other dog owner to pay - they may well just do that and that's it.

A friend of ours was walking her 6 month old german shepherd on the country park last week .An old bloke unsteady on his feet went up to fuss her and trod on her back leg breaking it.The break is on the growth bone and the vets bill so far is around the £1200 mark.She needs numerous operations over the next 6 months so the bill could end up anywhere. The old **** who stood on her hasn't offered to pay a thing :(