Dog owners ordered to pay damages

The owners of a dog were yesterday ordered to pay a motorcycle driver Lm633.25 in damages after the biker fell when their dog ran out into the road.

Magistrate Michael Mallia upheld the writ filed by motorcyclist Emilio Bonnici and ordered dog owners Carmel and Miriam Borg to pay him damages.

Magistrate Mallia heard Bonnici claim that on January 8, 2000, while he was driving his motorcycle in Birkirkara, he had been disturbed by the Borgs' dog as it emerged from between two cars and he had fallen off his bike.

But the Borgs pleaded that no damages were caused and that they had not allowed their dog to run in the street.

Magistrate Mallia declared that there was no doubt whatsoever that the dog belonged to the Borgs.

The owner of an animal was responsible for any damage and the only way in which responsibility could be avoided was if the owner proved that the damage was caused by force majeure or there was contribution on the part of the person who had sustained damages.

It resulted that the dog had been tied to a column while Miriam Borg was doing housework. However, at some stage the dog had got untied, run out into the road and caused Bonnici to fall.

There was therefore no case of force majeure or of some contributory factor on the part of Bonnici for it did not appear that the latter had been driving at excessive speed.