A woman was injured by dog she planned to adopt. She's now suing the authorities

Updated 3.02pm with Animal Welfare Commissioner statement

A woman whose left forearm had to be amputated after she was attacked by a dog during a trial adoption is accusing the authorities of “systemic failures” and demanding compensation.

Elisa Falzon was attacked in June 2024 by a female dog she and her husband had adopted on a trial basis from Animal Welfare, leaving her in “danger of death”, according to a judicial letter filed yesterday.

The attack also caused “maiming of her right arm” and other injuries, psychological trauma and “permanent disability”, the letter says, adding the dog was presented to the couple as “tame, calm and gentle”.

The woman is holding senior Animal Welfare officials, Animal Rights Minister Anton Refalo, the Animal Rights permanent secretary and the state advocate jointly responsible for “systemic failures” at the shelter, leading to the attack.

Lawyers representing Falzon demanded the authorities pay her compensation for the attack they described as causing her “substantial” financial losses, or face further legal action.

The animal rights ministry said its position differs from the allegations made by Falzon and will address “these matters through the appropriate legal channels".

Noting that the dog was still under Animal Welfare’s responsibility because the adoption was not finalised, the lawyers claimed the authorities had failed to assess the dog properly before it was adopted. “On the contrary, the dog was presented, advertised and promoted to the public, including to the senders, as a tame, calm and gentle dog.”

When contacted, they told Times of Malta the attack occurred just five days into the trial adoption, when the dog “without any warning or provocation, first nipped Elisa’s own dog and, immediately after, violently attacked Elisa”.

Authorities 'completely passive' – lawyers

Pointing to a report published last month by Animal Welfare Commissioner Fleur Abela, highlighting ongoing issues at the shelter in Għammieri, Falzon’s lawyers accused the authorities of being “completely passive” and failing to address “blatant and serious failures”.

The report, covering the controversial proposed transfer of 20 bully-type dogs to Italy in December – plans that were later abandoned – noted the lack of qualified behaviourists and dog trainers at the Animal Welfare shelter and called for their immediate recruitment.

Other points in the report highlighted by Falzon’s legal team include findings of inadequate infrastructure and overcrowding and a recommendation that adoption decisions should not rest solely with one person.

Despite the report being published a year and a half after the attack, “you remained completely passive and failed to take any adequate and due action in order to remedy the blatant and serious failures noted in the said report”, Falzon’s legal team told the authorities. “You allowed such failures to persist in clear breach of your legal and administrative duties.”

The letter, filed in the First Hall of the Civil Court, demanded the payment of compensation within five days to avoid further legal action.

Lawyers Alessia Zammit McKeon and Massimo Vella assisted Falzon.

Commissioner warns of 'unintended stigma'

In a statement Friday afternoon, the Office of the Commissioner for Animal Welfare expressed its “sincere regret” about the 2024 attack, adding that any situation involving harm was “deeply unfortunate” while expressing sympathy with Falzon and others involved.

Citing ongoing investigations into the attack, the commissioner said it would be “inappropriate to comment further on the merits of the case at this stage”.

She warned, however, that commentary which “generalises potential risk across all shelter dogs may create unintended stigma towards animals currently awaiting adoption and may undermine responsible rehoming efforts”.

“In order to avoid any misunderstanding, it is clarified that the incident referred to relates to the Animal Welfare Shelter. This clarification is made solely to ensure that public discourse does not inadvertently conflate this matter with the operations of other independently run shelters.”

Abela noted that strong and large dog breeds “benefit from appropriate behavioural assessment, structured training, and responsible ownership”.

“Responsible adoption practices rely on informed placement decisions and continued professional support”, the commissioner said, while encouraging prospective adopters to seek prior assessment and guidance before adopting an animal.

The commission noted her recommendations covering qualified behaviourists and trainers, discussed in the January report.

“It is further recognised that long-term policy considerations, including breeder regulation, population control, and consistent enforcement, remain relevant to addressing challenges at source and reducing the number of dogs requiring shelter-based intervention.”

Correction: An earlier version of this article incorrectly stated that Parliamentary Secretary Alicia Bugeja Said was among those named in the legal letter.