Since we are often referred vicious dog attack cases from all over the province we monitor judgments closely as they are released.
In this case the Plaintiff was a 48 year old woman. On July 19, 2008 she was confronted by a large Alaskan Shepherd which weighted approximately 80 pounds. The dog bared its teeth at her. She tried to cross the street to get to the other side but the dog
came at her, grabbed her by the hip and threw her to ground. The Plaintiff, Ms. Chatterton remembers screaming and eventually the owner, Ms. Cowan, came to pull the dog off of her. The Plaintiff testified that this was a traumatic event for her.
Ms. Chatterton recalls returning home, 3 or 4 houses up the street and her husband called the police and ambulance. She received a rabies shot and some medication for her pain. She also received medication to assist her with her shock. As a result of the stress that the dog attack had created she took sleeping pills for some time. She is now back to normal and is no longer disturbed by nightmares about dogs, however she does remain afraid of large dogs.
Judge Lawres noted that the Plaintiff’s lawyer requested $15,000 to $20,000 for damages for pain and suffering. He reviewed 5 or 6 cases. He noted that her puncture wounds were not that large, they have healed and scars were not noticeable. The Plaintiff did recover and was able to carry out her day to day activities. He did notice that Ms. Chatterton’s emotional trauma was more serious than her physical injuries. The nightmares were disturbing and the sleeping problems were disturbing. She feared and continued to fear large dogs. He noted that “understandably, the experience of being thrown to the ground, pinned down and bitten by a large dog was greatly distressing to her”. He awarded Mr. Chatterton $8,500 for damages for pain and suffering, $2,000 for lawyer fees and $1,250.92 for disbursements. He awarded her 2 days of lost pay and repayment to OHIP in the amount of $319.00.
This was an overall good recovery for the Plaintiff given the emotional trauma she suffered.
If you have been the victim of an aggressive dog attack or a dog bite and you wish to learn your rights we have been specialists in this area for over 30 years. We have issued hundreds of dog bite claims and recovered dog bite compensation and dog attack compensation for numerous victims all across Ontario. Our client’s range from Sudbury to Ottawa to Windsor. Both victims and lawyers often refer dog bite cases to us for trial.
Please also note that if you are a paralegal or a lawyer, referrals are highly respected and negotiated on a per claim basis. If you have any questions, please do not hesitate to email matt.lalande@haber-lawyer.com. He would be pleased to speak to anyone in this regard.
This is not legal advice but rather a case comment. This article does not create a solicitor client relationship.