Latest news with #DigbyBrownSolicitors
Daily Record
2 days ago
- Daily Record
Dog bite claims - why the keeper is to blame, not the animal
Over the last few years, reports of dog attacks have become increasingly prevalent across news and social media, writes Damian White, Partner at Digby Brown. The controversy around certain breeds is understandable, but most people know it's also misplaced and, sometimes, misconstrued. It's not solely XL bullies, Dobermans, and Rottweilers - Digby Brown disagrees with the idea of bad breeds in general. But we do agree with the notion of bad owners, and so does the law. In Scotland, victims can get help via the Animals (Scotland) Act 1987. This law makes it clear that a dog keeper can be held strictly liable if someone is injured as a result of the dog 'biting or otherwise savaging, attacking or harrying'. Strict liability means that, instead of an injured person having to prove why the keeper is to blame, the keeper instead has to prove why they are not to blame. Strict liability does not apply in situations where the dog may have bitten as a form of self-defence, such as if the victim was deliberately playing rough or goading the animal into acting aggressively. But the Act does not apply if a person is injured in what is clearly an accident, like being knocked over by a dog that jumped up affectionately. The term 'keeper' is important to consider because the person who is at fault is the person who was in control of the dog at the time of the incident, and that might not necessarily be the owner. This is common in cases where an owner leaves their pet with a professional dog walker - the walker doesn't become the dog's owner but does become the dog's (temporary) keeper. This means that if a dog bites someone while in the care of a dog walker, the victim would claim against the dog walker, not the owner. (Canine professionals should have public liability insurance to deal with these circumstances.) Likewise, a keeper can be a loved one or family friend who looks after a dog while the owner is on holiday. We totally understand why people regard pets as being part of the family, but the reality is that the law essentially recognises dogs as property, and compensation is most commonly secured via one of the following routes, depending on the person who was in control of the dog at the time of the bite: If the keeper is a private individual, a claim is most likely made against their pet or home insurance. If the keeper is a professional service provider, a claim is most likely made against any professional insurance they have. Digby Brown Solicitors has years of experience in helping people affected by dog bites, and dog bite compensation can be used to help people with: One such person was art teacher Kristina Aburrow, who was mauled by a Rottweiler as she crossed the road in Aberdeen. She was left with a four-inch gash on her left forearm and was shocked when the police took no action against the dog owner.
Sky News
29-01-2025
- Sky News
Glasgow mum who lost leg in Clydebank BMW hit-and-run crash settles £1m legal action against driver
A mum-of-one who lost her leg in a hit-and-run crash has settled a £1m legal action against the driver. Kerrie Lavery, 26, suffered the life-changing injury when Thomas Granger struck her with a BMW while she was on her way home from a mental health charity event in October 2021. A court heard Granger was travelling at about 80mph, double the limit, when the collision occurred at a pedestrian crossing near Clydebank in West Dunbartonshire. Alanah Boyle, who was also mowed down, suffered an injury to her pelvis, elbow, and post-traumatic stress disorder (PTSD). Granger admitted causing serious injury by dangerous driving and failing to stop at the scene of an accident. In May 2024, he was jailed for 33 months and banned from driving for seven years. Ms Lavery, from Drumchapel in Glasgow, last year launched a civil claim in relation to the incident, which was raised at the Court of Session. At the time, it was understood the £1m legal action sought to cover the cost of prosthetics for the rest of Ms Lavery's life, as well as compensation for the impact on her life, including lost earnings. In an update on Wednesday, Ms Lavery's lawyers confirmed the action had now been successfully settled. Chris Stewart, partner at Digby Brown Solicitors, said: "What happened to Kerrie was agonising and life-changing and something no young mother should have to endure. "I can't comment on specifics around the civil claim, but I can confirm the action has now [been] settled which means Kerrie can access the best possible medical treatment for the rest of her life as well as secure her financial future after the crash impacted her ability to work. "Kerrie has already proven her strength and determination throughout her recovery - from physios to prosecution hearings to simply staying upbeat for her wee boy. "Of course, there are hard days, but I know she also has a positive and tight-knit network of friends and family who offer support.
Yahoo
29-01-2025
- Yahoo
Glasgow mum who lost leg in Clydebank BMW hit-and-run crash settles £1m legal action against driver
A mum-of-one who lost her leg in a hit-and-run crash has settled a £1m legal action against the driver. Kerrie Lavery, 26, suffered the life-changing injury when Thomas Granger struck her with a BMW while she was on her way home from a mental health charity event in October 2021. A court heard Granger was travelling at about 80mph, double the limit, when the collision occurred at a pedestrian crossing near Clydebank in West Dunbartonshire. Alanah Boyle, who was also mowed down, suffered an injury to her pelvis, elbow, and post-traumatic stress disorder (PTSD). Granger admitted causing serious injury by dangerous driving and failing to stop at the scene of an accident. In May 2024, he was jailed for 33 months and banned from driving for seven years. Ms Lavery, from Drumchapel in , last year , which was raised at the Court of Session. At the time, it was understood the £1m legal action sought to cover the cost of prosthetics for the rest of Ms Lavery's life, as well as compensation for the impact on her life, including lost earnings. In an update on Wednesday, Ms Lavery's lawyers confirmed the action had now been successfully settled. Chris Stewart, partner at Digby Brown Solicitors, said: "What happened to Kerrie was agonising and life-changing and something no young mother should have to endure. "I can't comment on specifics around the civil claim, but I can confirm the action has now [been] settled which means Kerrie can access the best possible medical treatment for the rest of her life as well as secure her financial future after the crash impacted her ability to work. "Kerrie has already proven her strength and determination throughout her recovery - from physios to prosecution hearings to simply staying upbeat for her wee boy. "Of course, there are hard days, but I know she also has a positive and tight-knit network of friends and family who offer support. "I hope that Kerrie, Alanah and their families may now have the means to move forward into the peaceful and positive future they deserve."
