Guest 1172- Registered: 28 Jan 2014
- Posts: 179
#1
A UKIP leaflet distributor put a leaflet through a letter box and obviously her fingers and got bitten by a dog who was inside the house. She is suing the owners. . Who is at fault?
http://www.kentonline.co.uk/east_kent_mercury/news/ukip-bite-12708Guest 715- Registered: 9 Jun 2011
- Posts: 2,438
#2
Had she been on a leaflet distributors health and safety course? If not then UKIP are
Audere est facere.
howard mcsweeney1- Location: Dover
- Registered: 12 Mar 2008
- Posts: 62,352
#3
no-one is at fault chrissi, if i can refer to an incident some years back known in legal precedence as "keef sansum v rover".
keef was delivering a leaflet for the reds just along from me and the devious mutt hiding behind the door attached his molars to keef's fingers.
the upshot was that keef's digits were trespassing so he had no recourse - much as i sympathise with the lady i suspect she is just trying it on.
Guest 1172- Registered: 28 Jan 2014
- Posts: 179
#4
Martin P wrote:Had she been on a leaflet distributors health and safety course? If not then UKIP are
I would love it if this were true Martin. lol
I guess any publicity for ukip is a bonus for them
Guest 649- Registered: 12 Mar 2008
- Posts: 14,118
#5
Guest 1172- Registered: 28 Jan 2014
- Posts: 179
#6
I feel sorry for the owners of the dog.
Guest 653- Registered: 13 Mar 2008
- Posts: 10,540
#7
Happened to me too - in Approach Road and a long time ago in one of the Clarendons. Nigel was bitten too. I know people laugh, but it really does hurt and blood everywhere.
Roger
Guest 649- Registered: 12 Mar 2008
- Posts: 14,118
#8
Also happen when I was a milkman,that time it was bad and I had a go at the owners,and they never got anymore milk from me and the dog had avery sore/head after I hit him.
Guest 1172- Registered: 28 Jan 2014
- Posts: 179
#9
I wouldn't laugh but I wouldn't blame the owners either. I was just browsing the net and they do actually run health & Safety courses in leaflet distribution!!
howard mcsweeney1- Location: Dover
- Registered: 12 Mar 2008
- Posts: 62,352
#10
different issue with a milkperson who does not trespass so said dog deserved a punch up the bracket.
the owners are clearly cretinous by not putting a receptacle for their post inside their house knowing what their canine is like.
Guest 715- Registered: 9 Jun 2011
- Posts: 2,438
#11
Chrissi Clifton wrote:I wouldn't laugh but I wouldn't blame the owners either. I was just browsing the net and they do actually run health & Safety courses in leaflet distribution!!
So UKIP failed in their duty of care, Farage better claim some more expenses from Brussels, this could be costly
Audere est facere.
Guest 977- Registered: 27 Jun 2013
- Posts: 1,031
#12
Google 'Implied Right of Access' to find out the law on this, it's a minefield.
What it basically means is if you have a doorbell or letterbox you are inviting people to come on to your property to use them - but then is it up to you to make sure it's safe for someone to do that!?
However, it is often used the other way round in notifying organisations like TV licensing that you are withdrawing their implied right of access to your property. Anyone canvassing or delivering leaflets should know about it, and a householder can tell a political party, religious group or any other organisation they don't want them on their property.
Guest 1172- Registered: 28 Jan 2014
- Posts: 179
#13
To be fair Howard, milkmen do not put milk through a letter box so putting his hand in might be trespass. There is also an assumption here that the dog has a past history of attacking hands through the letterbox and that hasn't been established as far as I am aware. I don't think it is a legal requirement for a dog owner to have a receptacle behind the letter box.
Guest 1172- Registered: 28 Jan 2014
- Posts: 179
#14
#12 I can understand the duty of care up to the front door but inside the house is not where you are invited.
howard mcsweeney1- Location: Dover
- Registered: 12 Mar 2008
- Posts: 62,352
#15
of course it is not a legal requirement chrissi but surely common decency is just as, if not more important?
post persons and leafletters have every right to go about their business, dogs are dogs - owners have to take that into account.
Guest 943- Registered: 15 May 2013
- Posts: 449
#16
Hi Chrissi.. I have 3 dogs but there is a separate door before the front door , so they cannot get at the letter box..Poor Joannes injury is very bad..There was no warning sign on the door, saying beware of the dog or cage on the letterbox..The dog held on to her hand and would not let go..Joanne is unable to work because of the injury..Joanne is a self employed jewelry designer ..
I feel sorry for Joanne and the dog..Not the owner....
The police and DDC dog warden are involved..This is not a publicity stunt..Joannes friend is Beth Robson, who saw the injury..Beth Robson is the chief reporter of the Mercury..We wanted the matter to be private but Beth wanted to write the story..If you do not believe me, that is your problem.. I am not a liar..
Guest 977- Registered: 27 Jun 2013
- Posts: 1,031
#17
Chrissi, that's why it's a minefield.
Can you put a leaflet through a letterbox (which you are legally entitled to do unless informed otherwise) without putting your fingers partly through etc?
What if the dog is loose in the garden and there's no warning notice on the gate?
It's often down to individual circumstances to decide who is at fault.
Guest 1033- Registered: 23 Aug 2013
- Posts: 509
#18
My dog bit someone's finger when they were posting a leaflet through my letterbox.
The woman concerned called the police who said that no law had been broken, and that the woman was entering the dog's territory. My dog has no history of biting people, but to prevent it happening in the future, I would be devastated if it should happen to a child, I have sealed the letter box up and put up a mailbox on the wall of the house.
I've been trying to sort out the legalities of it all, and they majority of opinions seem to say that postmen are the only people who have a legal right to enter your garden and post anything through your letterbox. I can't quote legalese on this, this is just what I have gleaned from various fora.
Guest 1103- Registered: 3 Nov 2013
- Posts: 759
#19
Well its a difficult one and I do feel sorry for all parties involved. But there is always a solution with a basket on to the letterbox or a metalframe. If this cant be helped, a seperate letterbox with a key would do. Just on the outside wall of the House.
There is always a solution. It is down to each individual person to care or not.
Hence why I feel sorry for postman every day. But they are used to it.
I do think its wrong to do a claim on Injury, I know, personally I wouldnt do it.
(One reason why england ends up like an american state suing everyone and everything)
But this is a personal view and hope no one gets offended by it.
Try to be a rainbow in someone's cloud. Maya Angelou ☺🌈🌄🌌🌏🌍🌎
Guest 1172- Registered: 28 Jan 2014
- Posts: 179
#20
I think if the dog had dragged her whole hand and forearm through the letter box maliciously it would have looked worse than the picture shows. The story line is aimed to sensationalise. A couple of steri strips isn't quite the same as serious stitches.
Like has been said above, it happens and if it does you make sure it doesn't happen again. I have had dogs for over 30 years continuous and never needed a basket and no one has ever got bitten putting things through the box. If it did happen one day then I would use a box.
