Just before Christmas 2023, our 63-year-old female client was standing at the top of her driveway when suddenly two large dogs ran from her neighbour’s property. One of the dogs jumped up on our client, knocking her to the ground. She fell heavily onto her right knee, which was fractured.
Our client was taken to a nearby hospital by ambulance, where she underwent surgery involving the insertion of a plate and screws. Her recovery was long and arduous. She was unable to bear weight for several months and needed a wheelchair initially, followed by a walker to get around. During this time, she relied on family and friends to do all the household tasks, including shopping.
Our client missed significant time from work and incurred substantial medical expenses.
Legal Basis for her compensation claim
We made a claim on our client’s behalf against her neighbour under the Companion Animals Act, which imposes strict liability on dog owners for injuries caused by unrestrained dogs in public areas.
Our client told the police, to whom she had reported the incident, that the dog which knocked her to the ground was not threatening, but rather was friendly and overly exuberant.
Insurance and Dispute
Fortunately, her neighbour had household contents insurance which covers injuries caused by her dogs.
The insurer’s lawyer argued that no compensation ought to be paid to our client because the dog acted in a friendly, non-aggressive, manner.
However, we (correctly)submitted that the law does not require proof that the dog was unrestrained on public property through any fault of the dog owner, or that the dog was aggressive and dangerous. The issue is simply whether the dog’s conduct was deliberate, friendly or not. Clearly in this case, the dog’s conduct was deliberate. That was enough.
Compensation Claim Components:
The claim was for a once and for all lump-sum payment covering:
- Pain and suffering (assessed as a percentage of a most extreme case)
- Past and future medical expenses
- Domestic assistance
- Loss of earning capacity
- Legal costs
Settlement
Rather than suing our client’s neighbour, we engaged in an informal settlement conference with the insurer’s lawyer. After multiple offers were exchanged during settlement negotiations, agreement was reached for our client to receive a significant sum, tax free including a substantial contribution to her legal costs.
Our client was delighted with the result, particularly as the settlement avoided the stress, delay and expense of having to go to court.
Our client was walking her small dog on a lead when two large unrestrained and aggressive dogs bolted out of an open garage door nearby. The dogs attacked our client’s small dog, and knocked our client to the ground, whereupon one of the unrestrained dogs savagely bit one of her legs, leaving her bleeding and traumatized. She feared that the dogs would maul her to death.
Beyond the immediate physical harm, the attack inflicted profound psychological consequences. Our client developed an extreme, permanent phobia of dogs, rendering her unable to engage in routine outdoor activities. Additionally, she suffered post-traumatic stress disorder (PTSD), anxiety, and depression, all of which required extensive psychiatric care, and dramatically affected her quality of life and ability to work and to live normally.
The Legal Framework
Under the NSW Companion Animals Act, dog owners are held strictly liable for injuries caused by their unrestrained dogs in public places.
In our client’s case, the owner of the unrestrained dogs carelessly or inadvertently left his garage door open, allowing his dogs to escape from his property.
Importantly, the dog owner’s liability was covered under his home contents insurance policy, allowing our client to pursue her claim for compensation.
Proceedings in the NSW Supreme Court
When settlement negotiations broke down, her claim proceeded to a lengthy trial in the NSW Supreme Court. During the trial, we presented compelling evidence of the following:
- Physical Injuries: Detailed medical reports documented the severity of the leg wound and its ongoing impact, including pain and reduced mobility.
- Psychological Trauma: Expert psychiatric testimony highlighted the permanent phobia and severe PTSD our client developed, and her associated loss of enjoyment of life.
- Economic Loss: Evidence established proof of our client’s inability to return to her previous or any work.
The court heard harrowing accounts from our client about her fear, helplessness, and enduring struggle with her psychological trauma.
Verdict and Outcome of Dog Attack Case
The NSW Supreme Court ultimately ruled in favour of our client, awarding her a significant sum which far exceeded the insurer’s highest settlement offer.
This landmark verdict not only secured justice and financial security for our client but also reinforced the critical importance of strict liability laws in protecting the public from dangerous animals. The case serves as a reminder to dog owners about the severe financial consequences which face them if they fail to retrain their dogs in public.
Warwick was walking his two small dogs along a quiet suburban street in Sydney when two Rottweilers escaped from a neighbouring property and attacked his dogs. Warwick suffered injury to his shoulder, neck and back as he tried to fight off the Rottweilers and protect his dogs.
The rottweilers’ owner had left the gate of his rented premises open, allowing the dogs to escape. Warwick needed ongoing medical treatment and was unable to work as a result of his injuries. We were able to successfully recover compensation for Warwick from the owner of the Rottweilers.
We represented Helen, a pensioner aged 68, who was viciously attacked by a large dog. Helen sustained a displaced spiral fracture of her left femur, which required surgery. Helen’s leg injury was very debilitating and restricted her mobility. Helen, who lived on her own, had to rely on family and friends to assist her with basic daily activities, such as household duties and personal care tasks. Our investigations revealed that the owners of the dog had a policy of insurance that provided coverage for Helen’s accident. After identifying the public liability insurer, Helen, through us, managed to successfully pursue a claim for compensation. Helen’s claim settled out of Court for an amount that compensated her for her pain and suffering, as well as her need for care and treatment.
