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ARTICLE · 17 SEPTEMBER 2009

Dog Attack Victim Has Damages Substantially Reduced On Appeal

Curwoods Lawyers
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The Court of Appeal significantly reduced the plaintiff's damages awarded at trial, in particular reducing the award for non-economic loss on the basis of a reduction from 35% to 20% of a most extreme case, notwithstanding the fact that the infant plaintiff received significant scarring from a dog bite and resulting psychiatric disabilities.

AustraliaInsurance
Nicholas Gordon
Nicholas Gordon

Judgment date: 7 September 2009

Sretenovic v Reed [2009] NSWCA 280

Court of Appeal1

In Brief

  • The Court of Appeal significantly reduced the plaintiff's damages awarded at trial, in particular reducing the award for non-economic loss on the basis of a reduction from 35% to 20% of a most extreme case, notwithstanding the fact that the infant plaintiff received significant scarring from a dog bite and resulting psychiatric disabilities.

Background

On 28 April 2005 the plaintiff who was 11 years old at the time was attacked by an unleashed dog belonging to the defendants.

The plaintiff, via his mother acting as his next friend, brought proceedings against the defendants to recover damages pursuant to s 25 of the Companion Animals Act 1998 (NSW). The defendants admitted liability at the outset of the trial. Accordingly the trial proceeded as an assessment of damages only.

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