Q.  I was riding along my local high street when a Chihuahua dog (yes the really small type) called Twinkle jumped out of her owner’s handbag and ran straight out in front of me, causing me to swerve, crash into a massive pile of rubbish outside the local kebab shop and fall off.  Not my coolest ever move! Luckily my Bandit isn’t too trashed but I hurt my leg.  Can I claim? I can’t possibly sue Twinkle can I?

 

A.  Firstly, I’m jealous because you have the best pub story ever: The scene in my mind is like mixing Crufts with the Sweeney.  I wish you could sue Twinkle directly but I don’t know how she would give evidence in Court.  Would she put her paw on the bible?  I digress.  Yes you can claim so long as you can prove Twinkle’s owner was negligent.  She has a duty to keep her dog under control and if she didn’t, she can be ordered by a Court to compensate you for your losses.  As for paying them, it’s entirely plausible Twinkle may be insured and they will pay.  If not, her owner would be ordered to pay.

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White Dalton Solicitors is Britain’s most specialist motorcycle law practice. Managing partner Andrew ‘Chef’ Prendergast and his bike riding barristers compile Motor Cycle Monthly’s legal column. www.whitedalton.co.uk

 

Tony Carter

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