We recover £100,000 compensation for dog bite victim
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James McNally, AKA the dog bite solicitor, has recovered over £100,000 for a dog bite victim who had to give up their dream job following an attack.
Mrs O had recently set up her own business as a gardener. This was something that she had long dreamed of doing and gave her the opportunity not just to work outdoors but to help the large number of mainly elderly clients who she had developed close relationships with since she started her company.
Mrs O was talking to a client in their garden when, without warning, the client’s dog walked up to her and bit the back of her left hand. The bite was severe even though she was wearing gardening gloves. She needed a skin graft and has been left with a scar.
At first, Mrs O thought she’d be able to return to work within a few weeks, but as time went on she found that she was unable to use her gardening tools without it causing her pain. She was also unable to load heavier items like her lawn mower in and out of her van. She eventually accepted that she had no choice but to give up her work and retrain as a bus driver.
While the money she earnt as a bus driver was similar to what she took home gardening, it was a very different job and rather than being outdoors she was now stuck in a bus all day. In addition her job was a lot less active and she began to put on weight. Expert evidence confirmed that this weight gain was responsible for the carpal tunnel she developed and which required surgery.
James McNally, who the media have dubbed ‘the dog bite solicitor’, was appointed to deal with Mrs O’s dog bite compensation claim. While the dog’s owners initially denied that they were legally responsible, James convinced them that Mrs O’s case was a strong one and that she was entitled to compensation. James also obtained supporting evidence from a plastic surgeon and a hand surgeon and took detailed statements from friends and family on the impact which the accident and the change in job had on Mrs O.
After negotiations the claim settled out of court for £105,000, which included compensation for ‘loss of congenial employment’ to compensate Mrs O for the fact she lost the chance to do a job she loved.
Following settlement of the claim James commented:
“Our specialist knowledge of dog bite law meant that we were able to successfully argue that the dog’s owners were legally responsible even though they tried to initially deny liability. In addition our experience of dealing with personal injury matters meant that we were able to argue that she should be entitled to compensation for the fact that she’d had to change job. It isn’t something that applies in every case, but here it was apparent that her work as a bus driver was so very different from the gardening work she had so enjoyed. We also argued that the stress of working as a bus driver through the Covid-19 pandemic was significantly higher then if she’d been gardening.”