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My neighbour had a firework display in their garden and

Hi, my neighbour had...

Hi, my neighbour had a firework display in their garden and debris landed in our garden. I didn't say anything, just cleared up all the rubbish i could see in the morning. I had to do this because we have 2 dogs and I was worried they could chew the remains and be ill. Today, one of our dogs has had to have an operation after digesting some plastic that looks very much like a Firework cartridge. Is there any liability with my neighbour? I am distressed our dog will recover and at a loss of £1400 after this operation and my dog is in hospital overnight, increasing the bill.....

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Answered in 10 minutes by:
11/21/2017
Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 11,201
Experience: Barrister 17 years experience
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1. The bottom line is that your neighbour will be liable to you for the injury caused to your dog, in negligence and nuisance, if you can prove what was eaten was the remains of a firework, which came from his garden. So, I would suggest if you have the piece of plastic which the dog ingested, that you get it tested to ascertain its provenance. Otherwise, if you cannot show it came from your neighbour's fireworks, you won't be able to make your neighbour liable.

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2. In law, where a neighbour explodes fireworks which causes debris in a neighbour's land, this constitutes an actionable nuisance. Similarly, the discharge of any part of a firework into a neighbour's land where it is eaten by a dog, is actionable negligence which also gives rise to recovery. So, if you can prove the provenance of the plastic ingested by the dog, you will found liability on your neighbour for the harm caused to your dog.

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3. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

Buachaill
Buachaill, Barrister
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Satisfied Customers: 11,201
Experience: Barrister 17 years experience
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