Public Liability

[Worc05]

Hi, I'm very new to angling and new to this forum, but I've had an incident on the canal towpath and wonder how to deal with it. I spotted a runner coming along the towpath and moved my rod accordingly. Unfortunately I didn't spot his dog following on behind him and had replaced my rod on the towpath when the dog bumped into it and fractured the end section of my fibreglass rod. I was given the rod which is about 4 years old, but I'm told a replacement will cost £1000. Who is liable in this case? I have insurance but the excess is £100 - I have spoken to the runner who says I was obstructing the towpath, but then I could say his dog wasn't under control!! Its an odd one I know but any advice would be much appreciated.

[Newt]

Welcome to Anglers' Net.

 

An interesting question. I'm moving this to the coarse section so more people will see it.

[Mark Wintle]

Hi, I'm very new to angling and new to this forum, but I've had an incident on the canal towpath and wonder how to deal with it. I spotted a runner coming along the towpath and moved my rod accordingly. Unfortunately I didn't spot his dog following on behind him and had replaced my rod on the towpath when the dog bumped into it and fractured the end section of my fibreglass rod. I was given the rod which is about 4 years old, but I'm told a replacement will cost £1000. Who is liable in this case? I have insurance but the excess is £100 - I have spoken to the runner who says I was obstructing the towpath, but then I could say his dog wasn't under control!! Its an odd one I know but any advice would be much appreciated.

 

Tell us the manufacturer and model of the rod (usually found on a label just above the handle) and we'll tell you what the replacement cost is. Virtually all current production rods are carbon fibre and I can't think of any where a single section would cost more than £150, and that's for very expensive rods. Waste of time going the legal route - throwing good money after bad. You can probably get a better brand new carbon rod for less than £50.

[Steve Walker]

I'm guessing that this is not a rod, but a pole.

[pestguard1]

Hi, I'm very new to angling and new to this forum, but I've had an incident on the canal towpath and wonder how to deal with it. I spotted a runner coming along the towpath and moved my rod accordingly. Unfortunately I didn't spot his dog following on behind him and had replaced my rod on the towpath when the dog bumped into it and fractured the end section of my fibreglass rod. I was given the rod which is about 4 years old, but I'm told a replacement will cost £1000. Who is liable in this case? I have insurance but the excess is £100 - I have spoken to the runner who says I was obstructing the towpath, but then I could say his dog wasn't under control!! Its an odd one I know but any advice would be much appreciated.

 

 

 

By law a dog must have some form of ID such as a dog tag with your postcode or address on. However, be aware that bylaws may be in force that restricts access to a particular area for unleashed or even leashed dogs - if not sure, check with your local council.A owner has to keep it under reasonable control,but not nessesareally on a leash,and no one has the right to tell you to put it on a leash, etc. As far as English Law is concerned, they are your property and as such anyone damaging or threatening to damage your property may be committing an offence. Similarly, you have the responsibility of ensuring that it breaches no-one else's rights or damages their person or property.

But if you were obstructing the towpath , then it could get rather tricky.

So if this dog has damaged your property , then the owner of said dog is liable for the damage.

Edited April 20, 2010 by pestguard1

[arbocop]

Providing the access was a canal towpath with legal access, the same rights of access as a bridleway apply. It was obstrcuted by the rod and the damage was accidental.

 

Yes, in theory, you could charge the dog owner, but even if you won which would be difficult given the situation, the dog owners solicitors could prosecure you for obstructing the path. Strictly speaking, anyone who fishes with a lot of gear on a towpath and restricts the width can be causing an obstruction. Although it is enforced by the LA, it is actually idetnfied in the highways act, and Countryside and rights of way act and is therfore national law, not a byelaw.

 

It is similar to someone falling over a bike which had been left on the pavement. You would be liable if you left it there. If they damaged the bike you could hardly ask them for compensation. Legally, the same applies.

Edited April 20, 2010 by arbocop

[watatoad]

You can insure £2,000 worth of tackle and get good public liability insurance for around £50 to £60 a year might be worth checking out. In miniature war gaming which I also do most clubs include public liability insurance in their membership charges.

[Tigger]

Sounds like it's the fishermans own fault to me. Lets face it it's a right of way and if the dog was just running along behind it's owner and didn't stop and start chewing hell out of the pole it's just one of those things...tuff i'm afraid.

[chesters1]

did you get the dogs name?

[Dick Dastardly]

Where is this "By law a dog must have some form of ID such as a dog tag with your postcode or address on." Law shown then? Honest question as its a new one to me and if correct must get my dogs collar tag changed.

 

Also several Police/dog owner sources discourage the putting of the dogs name on the tag to make stealing them harder.

Edited April 22, 2010 by BUDGIE