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.
