The owner of a dog of breed Rottweilers who have inflicted serious injury to a man, in the spring of 2017 to Gatineau, has been ordered to pay more than $ 5000 to the victim.
In a judgment delivered at the end of August before the small claims division of the Court of Quebec, judge Jean Faullem focuses on an incident in which a citizen was “violently” attacked by the dog belonging to a man called Michael Guilbault. The victim is then on the ground before the residence of a friend, on the way to Montreal West, in the east of Gatineau.
“The undisputed evidence heard at trial demonstrates that the dog that attack […] belongs to Mr. Guilbault “, one reads in the judgment, where it is stated that “the respondent,” although duly notified, failed to appear in court.
According to the evidence, the Rottweiller of Mr. Guilbault has arisen out of the corner of the wall of a building to attack “without any provocation on his part” the dog of the victim. The dog that initiated the attack was held on a leash by the spouse of the owner, “which is clearly unable to hold it and bring it back to order,” wrote the judge Faullem.
Wanting to intervene between the two beasts, the victim was bitten on the hand by the dog of Mr. Guilbault. “After the attack, which lasted approximately a minute and a half, [it] is driven to the hospital by ambulance where he is receiving treatments for a fortnight and lesions in both of her hands, we read in the judgment. We shall install points of reconciliation and he prescribed antibiotics. “
The male victim of the attack has testified that ” the bites have caused neuralgic pain important the right arm and, still today, he feels a discomfort when he shakes the fist “. The wound healing lasted about ten days.
The judge recalled that under the civil Code of Québec, ” the owner of an animal is liable for damages caused by it “, whether in his company or entrusted to a third party during the events.
The testimony of the victim and the documentary evidence have shown emphasis on ” the merits of the claim, up to a maximum of $ 5,000 “. This amount has therefore been granted “because of the pain, suffering and inconvenience” suffered. The expenses for ambulance transport and prescribed medication were also accepted, for a compensation total of 5166,68 $ of the part of the owner of the dog who committed the attack. The court also sentenced Mr. Guilbault to pay the legal costs, which amounted to 211,72 $.
At the trial, the applicant has also stressed that it wanted to ” ensure that measures are taken to prevent a similar event does not happen “. The court has not been able to give a response to this request, because they have “all the facts” to do so. The judge noted all the same that” a form of reporting in respect of a domestic animal biter has been completed by the Centre for integrated health and social services in the Outaouais “. “It is to be hoped that it has been referred to the appropriate authorities and that they responded because of the severity of the attack,” says the judge.