Judge James O’Donohoe has approved an €82,500 settlement to a Dublin schoolboy who, when he was five, was attacked on a footpath and bitten in the face by a dog subject to the Control of Dogs Act.
The Circuit Civil Court was told that Paolo Macari, who is now aged nine, was being walked to school by his childminder when he was attacked by the dog, which was on a leash with its owner, Jacqui Reid, of Clanawley Road, Donnycarney, Dublin 5.
The judge heard that Paolo, of St Brigid’s Lawn, Killester, also in Dublin 5, suffered significant scars to his face and had been bleeding so profusely at the time that a passerby had taken off his shirt and used it to suppress the wounds.
The child’s legal team told the judge that Ms Reid’s insurers had agreed to his claim, which was made through his father Roberto Macari, being dealt with in the Circuit Court on the basis of unlimited jurisdiction.
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The boy, on May 14th, 2021 had been on his way to his local Montessori school when the attack occurred. Paolo was bitten on the nose and forehead and suffered significant lacerations to his face.
He was rushed to Temple Street Children’s Hospital where he received immediate first aid. Later Dylan Murray, consultant craniofacial plastic and reconstruction surgeon, carried out a procedure on the boy’s nose.
The judge, who approved a settlement offer of €82,500, was told that Paolo had been left with scars that were noticeable from a distance and might cause him concern in later life. He had also been seriously traumatised by the attack.
Under Section 21 of the Control of Dogs Act the owner of a dog is liable for damage caused in an attack on any person by the dog and for injuries inflicted. Under the legislation it is not necessary for a victim to show a previous mischievous propensity in the dog or the owner’s knowledge of such previous propensity.
The act also stipulates that an owner is liable for any damage caused by a dog on their premises even to a trespasser.
