Woman attacked by two dogs is awarded damages for her injuries

Personal injuries – assessment of damages – plaintiff was attacked by two dogs while walking on a public highway – dogs repeatedly bit the plaintiff in the head and face area and also on her arms and legs - suffered extensive lacerations to her face, head, left ear, arms and legs - significant scaring and discolouration in these areas – injury to the left tempomandibular joint – requires extensive dental surgeries - post traumatic stress disorder – anti-depressants – requires CBT - anticipated that she will have some ongoing psychiatric sequelea in the form of a persisting fear of dogs and loss of self confidence and upset at her physical appearance, due to the scaring which will be permanent - claim for special damages of approximately €54,557. This is essentially made up of past loss of earnings, past medical expenses and the cost of future dental treatment – liability not in issue – evidence of incident – evidence of injuries – medical evidence -  plaintiff had osteoarthritis on both sides of the jaw -  court is satisfied that the plaintiff has given an accurate and honest account of the incident, the subject matter of these proceedings and of the injuries which resulted therefrom -  satisfied that the plaintiff was exposed to a prolonged and very frightening attack by the two dogs - as a direct consequence thereof, she has suffered the physical injuries in the form of lacerations and consequent scaring - plaintiff has been left with significant visible scaring to her face and left arm and to the other areas - serious cosmetic blemish – Court accepted the evidence given by the plaintiff in relation to the psychiatric difficulties that she has encountered since the time of the attack – Court accepted that while she had pre-existing osteoarthritic changes in her jaw prior to the attack, this did not cause her any difficulty - onset of pain in the left jaw was on the balance of probabilities caused by the trauma of the attack -  existence of these pre-existing conditions may have rendered the injury to the jaw joint more severe, or may have rendered the treatment of that injury more complicated, but the law is that a tortfeasor must take his victim as he finds her - defendant is liable for the injuries caused to the plaintiff’s jaw and is liable for the pain of the treatment which she will have to undergo in the future and is liable for the cost thereof – Court awarded the plaintiff general damages for pain and suffering to date in the sum of €110,000 – Court awarded general damages for pain and suffering into the future of €70,000 – Court awarded €54,557 for special damages – Court awarded total sum of €234,557.