Stephen Barratt, instructed by Ian Brown at Trowers & Hamlins, has successfully defended a dog owner in an action brought under the Animals Act 1971 and common law negligence.
The claim arose after Rolo, a 2-year-old Miniature Dachshund, jumped up and bit a postman delivering a parcel to the family home, resulting in an injury to his leg.
Following a one-day trial in Plymouth County Court, the Judge found no liability under the 1971 Act and no negligence (following the reasoning in Whippey v Jones). The Judge found that Rolo did not possess any aggressive characteristics (so there was no liability under the 1971 Act). There was no previous behaviour or any sign that Rolo might act that way if allowed to engage with the postman (harm was not reasonably foreseeable), so no liability in negligence arose from failing to prevent the contact.
Stephen is developing his civil practice in areas including personal injury and property. If you would like to instruct Stephen you can contact the Civil Clerks on civilclerks@kbgchambers.co.uk or 01752 221551
