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who is liable

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  • who is liable

    right i was at a fishery yestoday and i had a incident with a dog knockin my pole of the my roller and breaking my number 8 section do you know who would be liable to pay for the section
    Last edited by awesome fish; 7 September 2009, 01:49 PM.
    Foul hooking king

  • #2
    The dog's owner! Not having much luck with that pole are you!

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    • #3
      depends if you can find a sign saying dogs
      not aloud on the fishery or dogs should be kept on leads
      and do they hav public insurance

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      • #4
        the fishery are liable
        you need to claim against the fisherys insurance
        you have 2 other options is 1st option is taking the fishery
        to a small claims court o claim back any costs to your self
        second option is buy the section and give the bill to the fishery
        with 10 notice to pay you back the cost of the section
        all fishery need insurance because they are providing a service
        they should have public liablility

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        • #5
          To make a claim against a fishery might in theory work, but it would need independant witnesses to support the claim, another consideration is to the legitimacy of the dog being on the fishery, lets take Barston as an example there both a footpath and a briddle way that run alongside it, cant see that a pole being knocked off a roller that straddled the foot path being the responsibility of the fishery owner, however if it was the fishery owners dog he could be held accountable, did you report the breakage to the fishery owner. Public liability insurance may not neccesarily cover the breakage I know it never did on our clubs waters, its a bit like parking your car at a supermarket and someone running into it, you dont take the supermarket to court.

          www.polefloatsbyjasonelwell.co.uk

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          • #6
            i agree with brian but how many rods and poles have been smashed with joggers and cyclists on canal towpaths and how many have been compensated not many i think
            nige cooke

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            • #7
              Originally posted by NathanWatson View Post
              The dog's owner! Not having much luck with that pole are you!
              Think you may be BARKING up the wrong tree there!
              HAPPY TOTTERINGHAMS DAY 15/5/2016

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              • #8
                Love it abbo!

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                • #9
                  Sureley I'm right? The dog's owner is the only person to blame and who you have a chance of claiming from, if you caught them!? Or was the dog's owner also the fishery owner??????

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                  • #10
                    i think you will find a disclaimer some where saying.........enter at your own risk .or words to that effect.....there aint a hope in heaven of claiming of my liability insurance for stuff like that...... in fact i cant see anyone ever claiming against it its bullet proof. thats the way they make it
                    In darkness we do what we can
                    In daylight we're oblivion

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                    • #11
                      Simply putting up a sign saying no liability, does not excuse any business from its responsibilities and liabilities.
                      Whos dog?
                      Was it reported?
                      Where was the pole situated?
                      If reported, what was the response?
                      Was any sign in place, regarding walkers, dogs etc?
                      You need to get all of these answered and take it from there I think?

                      Mark
                      Can't catch enough.....

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                      • #12
                        The situation is this (as I was pegged next to Dan on the day)
                        The pole was sitting in a roller behing Dan on a path which runs round the lake ( the lake in question is the bottom pool at Brockamin) For most of the lake the path is there for the benefit of the angler to get to their peg whilst there is a section of the lake behind the dam wall that is a public footpath but Dan was not pegged there. The farmer next door seems to let his 2 dogs roam free and have caused problems here before. The farmer and his wife are both ignorant individuals who do not and will not accept liability for their 2 dogs. The fishery does have a board up stating its rules and on this board it clearly states "no dogs allowed" . The incident was reported as soon as it happened and the owners rang the farmer who said that his wife would come round to sort it out. By the end of the match there was no sign of her so we drove down to their farm where we were met by a very uncooperative woman. i have since rang the farmer who does not return my calls and now will not answer the phone to me.
                        I clearly think that the farmer is completely liable for the damage caused but a portion of the blame must lie with the owners of the lake (Alans Tackle in Worcester) who having known of the problems being caused by these dogs have done nothing about it, as it is a rule of theirs they should have done more to enforce it. Alans Tackle have passed on the name, address and phone number of the farmer to me as Secretary of the club and I will be doing my utmost to make sure that Dan receives some sort of compensation for the damage caused as the section which was broken seems to retail at about £329.
                        I will be writing to both parties to express my opinions and will keep you updated as I think this is a very interesting situation.
                        Last edited by villan66; 8 September 2009, 06:01 PM. Reason: addind extra info
                        Steve
                        Up the Villa

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                        • #13
                          they should not allow dogs at any fisheries ---but when anglers take there own wot can u do the owners turn a blind eye for money
                          but if an anglers dog damaged ur tacckle wot wud you do -----be dam honest i know wot i would do --thats another story
                          work is for people who cant fish---i want a job

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                          • #14
                            I would get to the solicitors and get him to send a letter "requesting" payment,this should get some response from the farmer!
                            Usually letter = soiled pants = cheque in the post!
                            HAPPY TOTTERINGHAMS DAY 15/5/2016

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                            • #15
                              2 sponges soaked in gravy will take care of the dogs but not the pole, seriously though your chances of getting any thing are very slim as from whats been said already this farmer is not for playing ball.

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