This is a frequently asked question we encounter in our personal injury department. It is indeed possible to make a claim on behalf of a child where they have been involved in an accident. The process to do so is relatively straightforward...
Our client was out running when he came across a bridal path which took him though the courtyard of a rural property which the client had right of access to. As our client entered the courtyard a large Rottweiler exited an outbuilding and approached him. Our client slowed down and extended his right arm to demonstrate he was not a threat, as a consequence the dog attacked him causing 1.5 inch laceration to the skin which was so deep that the client’s bone was visible.
As the dog owner arrived the dog released our client. The dog owner then took our client to the hospital for treatment which was at his insistence. The dog owner admitted that the dog should have been secured away and that he would put the dog down as consequence of this accident.
A letter of claim was sent to the property of where the incident occurred. After significant delays we were advised by the defendant legal representatives that the defendant did not own any dogs, could not recall the accident occurring or had been in any contact with our client and that this was a case of mistaken identity.
The defendant was not prepared to provide any adequate photographic ID for our client to identify if he was indeed the correct defendant or not.
A site inspection was carried out which was supportive our client’s claim, however the defendant continued to deny liability.
A pre action disclosure application was filed and the defendant then made an offer to settle the client’s claim. After negotiating a successful settlement was reached.