Safeway wins dog injury case

Susan and Gordon Musselwhite with Muffin

A Devon couple have lost their court case against supermarket giant Safeway over an injury to their pet dachshund.

Gordon and Susan Musselwhite said their dog Muffin was partially paralysed jumping for Safeway leaflets posted through the letterbox of their home.

They issued a £2,826.65 claim against the supermarket in the small claims division of Plymouth County Court.

But district judge Peter Corrigan said he was satisfied there was no breach of duty by Safeways and added: "I do not find a suspended leaflet equates to negligence."

'Lacking in merit'

After the hearing on Monday, Mr Musselwhite said: "If people want their pets not to be injured I would advise them to block up their letterboxes."

The court watched a six-minute video taken by the Musselwhites of Muffin in their garden, about a month after the incident, showing a scar along his spine following an operation.

"Safeways are responsible for injuring the dog. It was their junk mail for their commercial gain, it was unauthorised and unsoliticted," Mr Musselwhite told the court.

He said they took reasonable precautions, with a postbox at the start of their drive, an alarm which activated when anyone used the drive, and a warning saying dogs were running loose.

Barrister Stephen Morley, for Safeways, said the Musselwhites claim was "lacking in any merit."

Mr Morley said Safeways did not deliver the leaflets and there was no question of Safeways being responsible for any negligence.

He said it was not foreseeable that leaving junk mail half and and half out of a letter box could cause this damage.

Judge Corrigan said it was not reasonably foreseeable that by placing a leaflet in the door a dog could jump up and injure itself.