The High Court awarded a woman €234,557 in damages after finding that an attack by two dogs in County Kildare caused permanent scarring, moderate post-traumatic stress disorder and an injury to her jaw joint.
The attack happened on 27 September 2012 as the plaintiff walked along a public road. The judgment said she was repeatedly bitten on her head, face, arms and legs. A passing motorist sounded a car horn, causing the dogs to run away. The court found that the attack probably lasted about 10 minutes. Liability was not in issue in the proceedings.
The plaintiff, whose identity is anonymised in the judgment, was 42 at the time. She was treated in hospital for multiple wounds and later received physiotherapy and psychiatric care. The court accepted evidence that she was left with permanent scars, most significantly on her right cheek and left forearm, as well as altered sensation and ongoing pain and weakness in her left arm.
The court accepted psychiatric evidence that she had suffered moderate PTSD. Her symptoms had reduced, but she continued to experience nightmares, avoid walking in rural areas and fear being near dogs. The judge said further cognitive behavioural therapy and antidepressant medication were indicated, and that she was unlikely to return to her pre-attack state.
The judgment also addressed pain in the plaintiff’s left temporomandibular joint. The joint had pre-existing osteoarthritic changes, and she had six missing back teeth before the attack. The judge found that these conditions had not caused problems beforehand and that, on the balance of probabilities, the attack caused the onset of her jaw pain. The court accepted that dental treatment, including implants to replace missing teeth, was appropriate and that the defendants were liable for its cost.
The court awarded €110,000 for pain and suffering to the date of judgment and €70,000 for future pain and suffering. It awarded €54,557 in special damages, including future dental treatment, using the estimate for treatment without orthodontics because the orthodontist who supported that option had not yet examined the plaintiff. The total award was €234,557.