€30k award after whack from sister’s dog

A WOMAN has been awarded €30,000 plus costs against her sister after a large greyhound careered into her leg.

The Co. Clare woman was having tea in her sister’s garden when the lurcher/greyhound crossbreed smashed into her while chasing a Jack Russell.

Caroline O’Leary, of Cronin Lawn, Shannon, Co. Clare, sued her sister, Laura Tier, of Sheephouse, Bridgetown, Co. Wexford.

‘When making the claim I notified my sister who in turn notified the insurance company,’ Ms O’Leary told the court.

The judge said that the owner was negligent as the dog was known to run like a lunatic and crash into people.

Ms O’Leary’s barrister, Mary O’Dwyer, told Judge Alice Doyle that her client was visiting her sister for a few days. She was having a cup of tea in the garden in October 2014 when a lurcher/greyhound named Leo, ran up the garden chasing a Jack Russell. Leo crashed into Ms O’Leary’s shin, causing red bruising.

Ms O’Leary told the court that Leo was quite a big dog, but she was not aware the other dog was in the garden.

Having seen the dogs running at speed, she tried to get out of the way.

After the dog hit her, the leg became black, she said.

The bruising, caused by a burst blood vessel, developed over time. She went to the doctor not realising it was as bad as it was. Ms O’Leary also said that it left a dent in the leg, which she has been told will be permanent. While she is receiving medicine for the injury, driving and walking can be painful, the court heard.

Defence counsel William Fitzgerald said that strict liability did not apply in this case as the dog had only crashed into her and he had not attacked her or bitten her.

Under Irish law, there is no defence permitted to a dog bite.

Secondly, he said, the plaintiff had made a claim for negligence, but the plaintiff has to prove that the defendant was negligent, while there was no evidence to suggest Ms Tier was negligent.

Ms O’Dwyer, counsel for the plaintiff, said they were dealing with a soft-tissue injury which is going to leave a permanent indentation on the leg.

Judge Doyle said she is satisfied there was negligence. There was a pen at the back of the garden for the dogs, while Leo had the propensity to run like a lunatic and run into people, she said. In her opinion, the defendant was negligent for it would have been safe to keep the dog in the pen.

Judge Doyle said the plaintiff’s injury has not got better and it has left a noticeable depression on the shin which is unlikely to change with time. The injury is painful on long drives and while walking, she noted.

Judge Doyle awarded Ms O’Leary €30,000 damages with €800 special damages. She also awarded her costs.