Sentenced to pay 12,000 euros because his dog attacked and bit a man - La Provincia

The magistrates of the third section of the Provincial Court have condemned the owner of a dog because, as explained in the chapter of proven facts of the sentence, the animal bit a man in one hand and caused him serious injuries. The owner of the dog will have to indemnify the man with 12,097.60 euros. The events happened on June 12, 2016, when the victim was in the Es Codolar beach, in the municipality of Sant Josep. "He was bitten by the German shepherd dog, owned by the defendant, who wore it without a collar or muzzle," the sentence highlights. "As a result, the man suffered injuries and has sequelae in his right hand for which he claims the amount of 12,097.60 euros," he adds.

The man denounced the owner of the German shepherd the day after the event before the Civil Guard. A criminal proceeding was initiated, but on September 28, 2016, the Court of Instruction number 3 of Ibiza decreed the file of the proceedings. On June 12, 2017, the man promoted a civil process and claimed the 12,000 euros of compensation.

On July 16 of that year he was admitted for processing. The Court of First Instance number 1 of Ibiza handed down a judgment on March 28, 2019 and dismissed the petitioner's claim, since it did not consider it accredited that the woman's dog injured the man, who appealed before the Provincial Court. The owner of the German shepherd, meanwhile, argued that it was the whistleblower "who with his conduct caused his injury by interposing himself among the dogs." Apparently, according to a witness, el German shepherd bit the man when he got between two dogs that were fighting. The witness also stated that it was the dog of the woman denounced who "showed an aggressive attitude."

Finally, the third section of the Provincial Court accepted the petitioner's appeal. Consequently, the magistrates revoke the resolution of First Instance and condemn the owner of the German shepherd to compensate with 12,097.60 euros to the man who suffered the wounds in the hand. However, this sentence, dated October 25 of this year, can be appealed extraordinarily for procedural infraction, before the Hearing itself, or on cassation at the Supreme Court.

As detailed in the complaint and is included in the Judgment of the Hearing, the complainant claimed 5,460 euros for 105 days of moderate personal injury, 1,650 for 55 days of basic personal injury, 400 for personal injury due to surgical intervention, 815,16 per injuries to both parts of the right hand, another 815.16 due to pain in the hand and 3,357.28 due to the slight aesthetic damage that has been left after the dog's attack.

Other cases

On the 14th, the owner of a potentially dangerous dog was denounced by the Ibiza City Council after the animal attacked and killed another dog and also injured two people in Platja d'en Bossa. It happened on Pablo Picasso Street, when an American Staffordshire escaped from the house where he lived, taking advantage of the moment when a friend of the owner entered, according to the City Council. Already on the street, the American Staffordshire ran into a thirteen-year-old boy wearing a Yorkshire, which he attacked and killed. In addition, the American Staffordshire also bit the child and another person. A third neighbor dislocated a shoulder as he fell trying to escape.

In September, the Local Police of Ibiza filed four sanctions on the owner of two potentially dangerous dogs after they attacked and killed a third dog.

In 2019, the city councils of the island have filed at least 60 complaints related to potentially dangerous dogs. These dogs, according to municipal ordinances, can never go loose. They must wear a non-extendable strap of a maximum of two meters in length, the muzzle is mandatory, its owner must have a specific license and the same person cannot walk more than one copy.


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