Lm10,000 dog bite

The owner of an Alsatian dog was yesterday ordered by the First Hall of the Civil Court to pay over Lm10,000 in damages to a man bitten by the dog.

Pacifico Fenech filed his writ against William Ronald Murphy in the First Hall of the Civil Court presided by Mr Justice Philip Sciberras.

Plaintiff claimed that on June 6, 1994, while he was on a waste disposal truck (scammel) near the defendant's house at Santa Maria Estate, Mellieha, he had been bitten on his leg by defendant's Alsatian dog, which was loose.

Fenech claimed he had sustained a permanent disability as a result of the incident and he requested the court to condemn Murphy to make good the damages sustained.

Defendant pleaded that he could not be found liable in damages as he had taken all necessary steps to prevent such an occurrence.

There was no doubt, the court ruled, that the dog in question belonged to defendant and that it had been defendant who had taken Fenech to a doctor, paid the medical fees and instructed Fenech's employer to send him bills for any medicines that needed to be bought.

Mr Justice Sciberras said that according to law the owner of an animal was responsible for any damages caused by the animal and was only exonerated from responsibility if he could prove that the incident was caused by force majeure or by the fault of the injured party.

In this case, however, it resulted that Murphy was responsible for the accident for Fenech had been at work minding his own business on the scammel.

The court therefore concluded, after establishing that Fenech had sustained a seven per cent permanent disability, by ordering Murphy to pay Fenech Lm10,474 in damages.