Dog Bite – Case Study 2
A dog attack occurred after two neighbours had been drinking and had a scuffle. A dog, belonging to one of the men attacked the other man. The bull terrier type dog inflicted significant damage to the man, he had bites to both legs which caused muscle damage and required surgery and skin grafts.
A claim was made to the CICA but rejected on two occasions as the Authority ruled that the dog acted of its own accord. The Claimant also had an unspent criminal conviction for violent crime, which can result in either no award, or a reduced award. An appeal was made to her Majesty’s Courts and Tribunal Service First Tier on the grounds that the dog acted in accordance with its masters reckless actions and therefore this was a reckless act in line with the requirements of the scheme. The appeal panel agreed and Claimant was awarded £6,400, reduced by 70% when the criminal convictions were taken into account.
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