Liability in dog incidents | Legal Aid Centre

Questioner

Our daughter crossed the road last month to walk our 7 month old cocker spaniel puppy and as she passed by she came across a bullmastiff with its owner The dog grabs our puppy and breaks his leg in 3 places. After an emergency operation in the evening and a few visits to the vet later we are left with € 2500, - damage and the insurance of the other party wants to fob us off with € 500, - ... Upon inquiry and even the insurance company admitting that this dog has bitten and caused damage more often. Isn't this simply covered by the WA insurance and otherwise the liability insurance of the owner of this bullmastiff?

Lawyer

The law stipulates that the owner of the bullmastiff is liable for the damage caused by the animal. The damage caused to the Cocker Spaniel that you own must in principle be fully compensated. Only if there is a question of contributory negligence - for example because the bullmastiff was incited - can there be a reduced obligation to pay compensation. However, this does not seem to be the case in your case. In summary, my advice is therefore not to agree to the amount offered and to demand compensation for the actual damage suffered.

Lawyer

In addition to the above answer, it is of no relevance to you whether the owner is insured or not. If the owner is liable (and based on your story I also believe that this is the case) then you have a direct right of recovery from him. If he can then get his money back from an insurance company that is nice for him, but that does not change your right of recovery.

Lawyer

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