Burglar can bring legal claim over police dog bite

Police allege they warned about the dog's presence but Thomas Ward has denied this

A burglar who suffered a "significant" injury from being bitten by a police dog following a chase has been given the go-ahead to bring a legal challenge against a police force.

Thomas Ward was bitten on the lower leg by a dog named Jerry while being arrested in Manchester on 23 October 2015.

He claims the bite left him with long-term nerve damage and chronic pain.

In a High Court ruling on Wednesday, Judge Lisa Sullivan said a legal challenge against Greater Manchester Police could be brought as Ward’s case had a “real prospect of success”.

'Factual dispute'

At an earlier hearing in February, Ward had asked for the go-ahead to bring a legal claim for trespass to the person, alleging that he was not warned there was a police dog and that it bit him after he was handcuffed.

The police force claims officers shouted to Ward that a dog was present and would be used and that Jerry stopped biting him before he was detained following orders from his handler, Police Constable Jackson.

However, in Wednesday's ruling, Judge Sullivan said: "Mr Ward’s case is that there was no warning of a dog. PC Jackson says he did give such a warning.

"That is a factual dispute which can only be resolved at trial.

"Whether the release of PD Jerry without such a warning was grossly disproportionate will depend on the circumstances of the case as found by the trial judge.

"Whilst this is by no means a case where I can say at this stage that it would be grossly disproportionate, nor can I rule it out.

"The timing of the warning, the relative position of Mr Ward and PC Jackson will be relevant matters and those are matters for a trial."

Muscle damage

The judge said Ward was arrested while being wanted for nine burglaries, after leading police on a pursuit which led to him exiting his vehicle.

He was later convicted of the burglaries and admitted dangerous driving during the chase, and was jailed in February 2016.

Ward claims that while running from police he heard a shout of "stop, police", before being tackled to the ground by PC Jackson and then feeling a bite on his leg.

The force alleges that PC Jackson shouted a warning that a dog was present and would be released, with Jerry then biting Ward as he attempted to hide under a car before being arrested.

Officers took Ward to hospital as his wound was "bleeding profusely", the judge said, with the bite causing “significant skin loss” and “damage to muscle and tendons”.

A further hearing in the case is expected at a later date.