Toddler left with severe facial injuries after dog attack in Sydney park
It was a horrifying moment. A young mother was walking with her two-year-old daughter in a Sydney park when suddenly a bulldog raced up and attacked the little girl.
The mother leaped on the solidly built dog and tried desperately to pry its jaws off the girl's face. She wrestled the bulldog on the ground trying to get it off the toddler.
She managed to pull the toddler free and held her over her head to prevent further attack. But the dog persisted. She tried to kick the dog away, injuring her ankle.
At last, the owner managed to pull the bulldog away. The girl was treated in hospital for severe facial injuries that required surgery.
The mother sued the dog owner, claiming the incident aggravated her pre-existing physical and psychological problems.
Mother of toddler awarded $50,000 in damages for dog attack
"The occasion was undoubtedly horrendous to the plaintiff," Judge Leonard Levy told the District Court.
"Plainly, she had been put in considerable fear at the sight and sound of her young child being mauled by the defendant's bulldog. It must have been a shocking experience for her to have endured," the judge said.
The court awarded the mother $50,000 for her lasting physical and psychological problems from the attack.
The bulldog owner did not dispute the circumstances of the attack. The court judgement did not reveal the fate of the bulldog, although it would be surprising if the dog wasn't put down for attacking a toddler.
Owner of dog liable in damages if another person wounded or attacked
Section 25 of the Companion Animals Act 1998 states the owner of a dog is liable in damages in respect of bodily injury to a person caused by the dog wounding or attacking that person.
Section 16 contains hefty fines if the attack is the result of the owner's recklessness - more if the dog is classified as dangerous or restricted.
The court can award compensation for pain and suffering, medical treatment, damage to clothing or property, loss of income, care and assistance required due to injury.
If the dog owner has household insurance, the victim can also take action against the insurer.
Claims for damages if dog owner hostile or violent
The Civil Liability Act is another piece of legislation which may be applicable for victims of dog attacks.
It applies to claims for damages for harm resulting from negligence. It can include loss of income, distress or situations where the dog owner is hostile or violent.
There are defences for the dog owner such as provocation, and the victim entering an enclosed area which contains the dog.
Victims of dog attacks would be wise to get expert advice on legal action they can take for compensation.
Anneka Frayne
Public liability claims
Stacks Law Firm
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