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15,000 leva compensation for a bite from a Caucasian Shepherd Dog
With your own decision of 24.06.2020 The Supreme Court of Cassation (SCC) has awarded 15,000 leva to a child who was bitten by a huge dog – a Caucasian Shepherd. In previous instances, the judges had set compensation for the pain and suffering suffered by the child at 10,000 leva, but the supreme judges increased it to 15,000 leva – in accordance with the principle of justice.
How is compensation for pain and suffering determined?
As you probably know, if you regularly follow our site, for damages that do not have monetary expressions (this is pain, suffering, stress, etc.), the court awards compensation in equity. It must take into account all the facts of the case, and if it does not do so, its decision would be incorrect and subject to review by a higher instance.
What are the specific facts of the case?
It was determined that the owner did not exercise supervision over his 100-kilogram dog, which resulted in the severe bite by the dog. There was evidence of previous attacks and aggression by the shepherd, and after this incident, the animal was even euthanized.
As a result, the child received a dog bite wound in the area of the left shoulder, left armpit and abrasions and bruises in the left lumbar region. The treatment was medical and surgical manipulations of the injuries were carried out in hospital, with the stay being about seven days. The recovery period of the wounds was about a month, and the scars from them led to disfigurement. The condition required subsequent treatment with the participation of a specialist - a plastic surgeon.
In addition to the pain from the wounds described above, the child did not attend school for about a month and a half. After the incident, he experienced a constant fear of both going outside and staying home alone. He stopped eating meat, repeating that „the dog ate him like meat”. He could not sleep. His fear of dogs was „within the framework of anxiety, not to the point of phobia”.
What facts did the court take into account in its decision?
The specified criteria can serve as a guideline when a victim wants to determine what compensation he can receive for the negative emotions he has suffered.
When determining the amount of compensation due for the non-pecuniary damage caused, in this specific case the court indicated that it took into account:
- the age of the victim /7 year old child/;
- the injuries he sustained, which required a seven-day stay in a hospital;
- the one-month recovery period;
- the medical treatment and surgical manipulations of the injuries;
- the fact that there are scars at the site of the bite wounds;
- the severe traumatic consequences on the child's psyche;
- In this particular case, the court also noted that the child was attacked by an aggressive, large and heavy animal, and the damage caused to him was limited only thanks to the intervention of another person.
Who should pay the compensation?
The owner and the person under whose supervision the animal is located are jointly and severally liable for any damage caused by the animal. They are also liable when the animal has escaped or become lost.
In this case, it is the person who supervised the animal. And although the facts of the case make it clear that the dog was confined in a yard, was not allowed to roam around unsupervised and without a muzzle or leash, this does not exempt the owner or keeper from liability.
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