A girl who sued Kildare County Council over an alleged incident at a local authority house where she claimed she was attacked by a dog has settled the action for €36,500.
Patrycja Cisowski has been left with scarring on her thighs following the alleged dog attack that she said took place as she visited a house in Cois na Feadain, Naas, Co Kildare, on March 24th, 2015.
The Belgian Shepherd dog, which was owned by the local authority tenants, without warning attacked and bit the girl as she attended the house on a play date, she claimed. Kildare County Council denied the claims.
Karen Nolan BL, for Patrycja and instructed by solicitor Liam Moloney, told the court the settlement is inclusive of costs against Kildare County Council. The local authority denied the claims against it.
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Counsel said judgment in default of appearance had previously been obtained against three people who lived in the house and who owned the dog.
Ms Nolan said Patrycja was only five years old at the time of the alleged attack. She said a full defence had been filed by Kildare County Council, which contended there was no cause of action and it had no responsibility or any act or part in the care, control, charge, management or supervision of the dog.
Patrycja Cisowski (15), of Radharc an Caisleán, Naas, Co Kildare had through her father Robert Cisowski sued the owners of the dog, Dylan and Brendan Doran and Bernadette Dawson of Cois na Feadain, Naas, along with Kildare County Council.
In the proceedings, it was claimed that there was an alleged failure to adequately secure the premises so as to ensure the dog was not at liberty to go freely about, and there was an alleged failure to maintain the dog under effectual control or under the control of another responsible person at all times.
It was further claimed that a guard dog was allowed to be on the premises in alleged breach of the terms of the tenancy agreement with Kildare County Council.
It was also claimed there was an alleged failure to control the dog when they knew or ought to have known that it had an alleged mischievous propensity.
It was further claimed there was an alleged failure to take any adequate steps on foot of complaints made in respect of the Belgian Shepherd dog.
It was further claimed that the Belgian Shepherd dog had been allowed to be kept in the local authority house when it allegedly knew or ought to have known by way of complaints of its vicious propensity and that it was a danger.
There was also, it was claimed, an alleged failure to request or require the house tenants to remove the dog from the premises.
Kildare County Council denied all claims, or that the dog was a guard dog. It contended the dog was owned and under the control of the local authority tenants at all material times.
Patrycja’s father Robert Cisowski in an affidavit to the court said his daughter is left with permanent and noticeable scarring on her right thigh, and when reviewed two years ago the scarring had improved.
Approving the settlement at the High Court on Monday, Ms Justice Nuala Jackson said there were very likely significant liability issues in the background and she noted there had been some improvement in the scarring.
