Any legal peeps here? lawyers/solicitors not sure which i need!!
 

Basically i ordered a trampoline with enclosure, we had nearly finished erecting it, when our dog ran past one of the legs catching his side on a protruding bolt which held the enclosure frame to the trampoline. It caught him and ripped a huge part of his skin off, we ruushed him to the vets and he had emergency surgery. he has since had to have a further operation and is obviously affected by what has happened.
Trading standards have been out to see what happened and are dealing with their side of things, however because it is not a 'criminal offence' they cannot claim against them on our behalf. The company have apologised and acknowledged it was there fault, have offered to pay veterinary bills but we have gone through the insurance to make sure it gets paid. I have asked them to collect the trampoline with a refund which they agree and reluctantly offered £200 to compensate. Its not about the money its about the stress all my family have gone through seeing what has happened and the quality of life my dog is now subjected to, but £200 i thought was taking the p*** abit. Trading standards did say we have a good case and if they didnt offer compensation that we were happy with to go through the small claims court. I dont know where to start or an amount which i should be expecting or be happy with!
Any help would be much appreciated. Thanks.

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

I am not legal so might be talking out of my rear. However, I would say you should only be entitled to your financial loss, ie the costs of the vets bill, returned defective trampoline, your time/effort to get things sorted. etc.

just because they have a design fault, I cannot see why there should be punitive damages. If your dog could talk and tell a court he has pain walking and now doesn't enjoy his daily stroll etc. Then maybe some compensation for his injuries. However at best I would say you might be entitled to the cost of having your dog destroyed and a replacement purchased.

If it was a working dog, and could no longer work due to the injury I guess you would be entitled to claim for the cost of owning a second dog, ie purchase cost, training time, food, vets bills etc. But seriously, be happy your dog was hurt further

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

As far as I can see you;

Have had your vet bills paid
Have had a refund on the tramp
Have had the tramp removed
Have been given £200 as a goodwill gesture.

Why do you think you deserve anything more?

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

Is the bolt permanently protruding?

Surely it would be less stress just to accept the £200 and get on with things? Accidents happen.

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

I don't do personal or canine injury work so can't give you an informed comment. However the book you need is called Kemp and Kemp - Quantum of Damages. They'll probably have one in your reference library. I don't have one as I don't do that sort of work.

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

I think your taking the **** a little to be honest.

I hate the compensation culture we live in today. Accidents happen.

You got a full refund + £200, they even offered to pay the vet bill, I would say you've been lucky as it it.

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

Your story does not make things clear - is the pertruding bolt a design fault, or was it because you had not finished assembling it?
Should the bolt have a cap which you had not fitted?

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

The pertruding bolt is a design fault, and unfortunatly it takes something like this to happen for it to be realised. They are too long for the job and do not come with any covers or caps. I would put up a picture of the damage but i think it is too disturbing. my dog is like part of the family, this has been really upsetting, im fortunate to be of work at the moment as he needs 24hour care. If something had happened to a child which it quite easily could, it would be a totaly different story. I'm only asking as i was told by trading standards to do so as we have a right to. I dont go looking for claims!

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

you've accepted compensation. jobs a good un.

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 

I'd say the company involved have been spot on and re-iterate others comments that I'm not sure what more you expect? You don't even know how much you think you should be entitled to.

Also I'm not sure you could justify that a dog needs 24hr care. How does it need tended to 24hrs a day?