Royal Mail wins appeal over Ipswich postman dog bite

[TrueBlueTerrier]

https://www.bbc.com/news/uk-england-suffolk-58010953

Royal Mail has won a High Court appeal after the owner of a "boxer-type" dog which bit a postman's finger as he pushed mail through a letterbox was cleared of committing a crime.

Gavin Murrell was bitten by Richard Watson's dog in Ipswich in May 2017.

Royal Mail Group prosecuted but Mr Watson was cleared by a district judge at Ipswich Magistrates' Court.

Two senior judges ruled she was wrong. It is thought the case will come before magistrates again at a later date.

Mr Watson was accused of being the owner of a dog which was dangerously out of control after the incident at his home on Sycamore Drive. He was acquitted by district judge Julie Cooper in February 2020.

Reviewing Royal Mail's appeal, Lady Justice Carr and Mr Justice Saini said they considered whether Mr Murrell acted as a trespasser by putting his fingers through the letterbox rather than using a "postal stick".

They also considered if Mr Watson had a defence to the case because Mr Murrell "failed to use due diligence".

Both of these points were dismissed by the judges.

"Parliament has chosen to put the burden on those who own (or are in charge of) a dog to ensure that effective steps are taken to ensure that the dog does not cause injury to anyone," Lady Justice Carr said in a ruling published online.

"A postal worker in the position of Mr Murrell is not a trespasser as a result of putting their fingers through a letterbox."

Lady Justice Carr said the ruling did not mean people could not leave dogs unattended, but rather "simple measures" could be taken, "such as the installation of a wire guard or adjustment to the height of the letterbox itself".

[POSTMAN]

An excellent result recently with the High Court setting an important precedent in relation to dangerous dogs prosecutions.

Following a Royal Mail Security investigation, Richard Watson was prosecuted by Royal Mail Legal after his dog attacked an OPG in Ipswich in 2017 causing him to lose part of a finger. The Magistrates’ Court acquitted Mr Watson on the basis the postman was trespassing.

We challenged that decision and Judges at the Royal Courts of Justice in London confirmed that postmen are not trespassers if their fingers go through the letterbox whilst they are posting mail.

This should significantly reduce the number of contested dangerous dogs prosecutions and sends out a strong message to dog owners that they must ensure their dogs are not in a position to attack our staff. Royal Mail is not anti-dog but pro-responsible ownership.

Of course, it is still vital that posting pegs are used when appropriate and staff should exercise caution around dogs - remember “it’s the deed – not the breed” – regardless of type, size and age, even the most placid of dogs can have an off day.

[Pumpernickel]

It's about time IMO.

The duty of care should always have been with the owner/householder who has a dog within the house. Mine doesn't go anywhere near the letterbox and isn't left unattended in a position where they can get to it if mail/leaflets are delivered.

[brothermagrew]

https://www.bailii.org/ew/cases/EWHC/Ad ... 1/2098.pdf