Dog related injury?!! Claim or not?

Discussion in 'Motorhome Chat' started by Dave and Ginny, Aug 31, 2013.

  1. Dave and Ginny

    Dave and Ginny Funster

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    A few weeks ago I posted that I had injured my ankle on a pitch marker post whilst evading a dog that was running free on a Caravan Club Site in Scotland.

    Well, it turns out that I have a complete rupture of my Achilles tendon and what I thought was hitting my ankle against a post turns out to be the tendon breaking!

    Just to remind; I went outside at 06:45 to look at the sea and the sunrise when a pug dog came flying at me from under the van trying to snap at my heals and toes.

    I'm currently in a temporary plaster and will find out Monday whether or not I will have surgical or non surgical treatment. Either way I'm not going to be going to Spain in October as planned or anywhere else for that matter...at least not in the motor home!

    So I'm sitting here feeling bloody angry and annoyed. At 61 I wanted to be out there as much as possible not sitting about at home and all because some thoughtless individual failed to keep their dog under control.

    So, do I have a gripe with the Caravan Club? Unfortunately the dog did a convenient disappearing act immediately after the event. It was however all reported to the warden.

    So my entire life is now on hold and I am struggling about the house on crutches and yes I am so bloody angry as all our plans are on an indefinite hold!

    Do I have any claim? I cannot make one against the individual dog owner as I have no idea who they might be. Do I have any claim against the Caravan Club? I'm thinking it's there responsibility to ensure that rules are followed and dogs are kept under control.

    Enough ranting...what do you think? :Sad:
     
  2. rainbow chasers

    rainbow chasers Read Only Funster

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    You could raise an issue with the Club, they might change their post arrangement or even give you a free week somewhere.

    As far as sueing goes, I think some things are just down to the knocks and bangs of life. It is hard to stop a dog protecting it's property from some strange man coming towards it. If it was not on a leash or on a post, then you have a negligence claim against the owner.

    I would just put it down to knocks of life to be honest. If you are lucky, you may get a week free somewhere through the club as an apology which may be more enjoyable than a legal wrangle.
     
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  3. buttons

    buttons Funster

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    What is it you are aftet an apology or money. I think the likelihood is that you will not get either put it down to experience and concentrate on getting well asap:thumb:
     
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  4. Dave and Ginny

    Dave and Ginny Funster

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    Well I guess money for an 'accident' that was not of my making. If the dog had been tethered as per caravan club regulations then this 'accident' would not have happened. The animal was invading my pitch at the time and it shouldn't have been there.

    I'm retired, so no loss of income, but I'm very active so my whole quality of life has been reduced and as far as I am concerned through no result of something I've done myself.
     
  5. iandsm

    iandsm Funster

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    Dogs / Posts

    So after all that it wan't anything to do with the marker post at all. It's a rotten shame that you got this injury, but equally you might have got it running from a wasp, or anything else.

    I am sure the dog owner (and probably the dog) would be horrified that you were injured but neither of them intended or foresaw it and you chances of claiming compensation from the owner, if they could be identified are nil I expect. Equally you could not possibly hold the Club or it's agents responsible.

    As has been said, you will just have to put it down to experience and move on. It was an accident.
     
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  6. Carol

    Carol Funster Life Member

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    It's all very easy for us to say oh it's only an injury get on with it when it's not our lives that has been disrupted and our plans that are being put on hold I can see no harm in asking for legal advice on this one. If it is down to just one of those things well at least you will have found out and at least move on with out wondering could I have.

    I hope it doesn't take too long before you are on the mend and up and about again enjoying your motorhome.
     
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  7. Dave and Ginny

    Dave and Ginny Funster

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    Well I wouldn't run from a wasp!

    A good few years ago I broke my wrist due to slipping on damp grass whilst wearing flip flops. That was entirely my fault for not wearing adequate footwear.

    In this instance I was being attacked by a dog that should have been tethered on a Caravan Club site...I'm sorry, I see this as an avoidable situation and not an 'accident'
     
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  8. buttons

    buttons Funster

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    The dog in question could have belonged to a local household and entered the site without the owners concent. What if it had been a rabbit or a small deer who jumped the fence. How can the owners of the site be responsible.

    We have to take a certain amount of care and responsibility in any everyday activity, walking running or even standing looking at the sea. As we get older trips and falls become more common. Perhaps a hiking pole or similar would give you that extra security when on uneven ground. :thumb:
     
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  9. Dave and Ginny

    Dave and Ginny Funster

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    It did not belong to a local household...none for miles! It was someone who should not have let the dog off a leash whilst walking it or a lazy owner who not bothering to take the dog out at 6;30 in the morning had just opened the door and let it run free! Give me 20 rabbits any day, never had one of them had a go at me!
     
  10. Dave and Ginny

    Dave and Ginny Funster

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    Thankyou Carol...first bit of sympathy I've had :cry:
     
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  11. OllieUK

    OllieUK Read Only Funster

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    I dont think you have a claim, if you had got the owners name and address maybe you could have claimed against them. As I understand it, the C.C. rules are that dogs should be on a lead at all times, therefore they can say the owner was at fault for not following the rules. ( Due Diligence)
    Another point is how do you know the dog decended from an occupant staying on the site? it may have strayed onto the C.C. property? :Eeek:
     
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  12. bigfoot

    bigfoot Funster

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    Whatever happens,it may cause the Caravan Club to think about positioning of the marker posts.
    Have you had professional advice,before proceeding?
     
    Last edited: Aug 31, 2013
  13. sdc77

    sdc77 Funster

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    It's sad you are injured. And I hope you get well soon.
    I'm afraid I just see this as an accident. No claim. The dog didn't actually attack (bite) you did it?
    Sadly I think you're more a victim of the claim culture rather than a dog attack.
     
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  14. Dave and Ginny

    Dave and Ginny Funster

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    Mmmm, so by the same logic, someone pulls a gun on you but doesn't shoot, thats not a crime? :RollEyes:
     
  15. Chockswahay

    Chockswahay Funster

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    It is unfortunate that this happened to you and I am sure we all sympathise, however the buzz word here is 'victim'

    You are the victim of circumstance, life can be like that (fair or not:Sad:). I think you missed your window of opportunity to do anything about it. I suspect that any grievance you might have would be with the dog owner and now it is (probably) too late.

    As difficult and unfair as it seems it is probably better for you to just 'let it go', then you can get on with enjoying the rest of your life:Smile:

    If you feel that 'something' needs to be done then maybe have a word with the CC but don't hold your breath.

    Cheers anyway :Smile:
     
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  16. cydersyd

    cydersyd Funster

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    Having solicited the advice of this forum you seem to prefer to slap down any of suggestions that have being offered.

    Why don't you pay get expert advice and stop disrespecting the free and sympathetic opinions you are getting here!
     
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  17. Dave and Ginny

    Dave and Ginny Funster

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    Thanks for that...and I totally agree with all you have said. Despite how it might appear I'm not the kind of person to chase some kind of huge compensation claim. On the day it happened, I did report it to the warden but recall saying to her I didn't want her to go looking for the owner or cause any fuss.

    I just wanted to get a handle on what other folk thought; I will have a grumble to the CC and hope that I might get a refund on the rest of this years subs! :RollEyes: or maybe a few days on a site somewhere, maybe in southern Spain :thumb:

    I'm generally a very positive thinking person and once I get some kind of idea about a recovery time I will be planning our next trip!

    In the meantime, I always have the laptop and fellow funsters to while away the hours with :thumb:
     
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  18. iandsm

    iandsm Funster

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    Logic does not come into it. Dogs do not commit crime with guns, people do. Criminal intent does not form in the mind of a dog as it does in humans
     
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  19. iandsm

    iandsm Funster

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    I am not without sympathy, but why should the CC refund you anything for a matter which was totally outside their control, there are adequate rules on sites so that dog owners are aware that dogs should be on leads. Its not the CC's fault the dog either got off it's lead, escaped from a camper/motorhome or trespassed on the site., possibly without the knowledge of it's owner. In fact you cannot say for certain where the dog came from, you do not mention seeing it on the site either before or after the event. No sir, in this you are barking up the wrong tree.
     
  20. GJH

    GJH Funster Life Member

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    Sorry about the injury and hope it heals soon.

    However, I don't think there could be any grounds or a claim against the CC because it would be very difficult to prove negligence in either design/placing of the marker post or in enforcing the rules.

    It definitely seems to be a case of negligence on the part of the dog owner though. The thing should have been on a lead and under control. The fact that it was on somebody else's pitch indicates that it wasn't defending its own area but simply acting aggressively.

    It's a pity (though understandable in the circumstances) that the owner wasn't identified because there is every likelihood that the irresponsible idiot will allow his animal to attack somebody else in future. If the owner had been identified he/she could have been banned from CC sites sine die.
     
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