Girl settles action over alleged dog attack when a toddler for €115k
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A five-year-old girl who as a toddler was allegedly attacked by a golden retriever dog has settled her High Court action for €115,000.
Mia Kate Nolan was walking near her home with her mother when the dog, it was claimed, came from behind and clamped his jaws on the little girl’s head, knocked her over and shook her.
The dog, it was alleged, kept the child on the ground face down as her mother kicked and hit it to make it release its grip.
Little Mia who was 19 months old at the time was brought to Portiuncula Hospital before being transferred to a Dublin hospital where she had surgery for repair of multiple scalp lacerations. She was in hospital for five days.
Mia Kate Nolan of Kilclooney, Ballinasloe, Co Galway, had through her mother Leslie Nolan sued the dog owners Declan and Ann O’Grady also of Kilclooney, Ballisnaloe as a result of the incident four years ago.
It was claimed that the dog owned by the O’Gradys was caused to attack and bite the child and there was an alleged failure in the circumstances to properly control or restrain the dog in circumstances in which the owners knew or ought to have known that the dog had a propensity to attack or bite people at, near or adjacent to the O’Gradys lands and dwelling house.
It was further claimed there was an alleged failure in the circumstances to have in place any or any appropriate and proper system of warning people walking lawfully near their lands or house that the dog presented as a threat.
There was also, it was claimed, an alleged failure in the circumstances to muzzle the dog and an alleged failure to properly instruct or train the dog so as to minimize the risk of him attacking people in the way which was complained about.
It was also claimed they knew or ought to have known that the presence of people walking nearby would in all likelihood provoke or excite the dog and result in the dog attacking or biting.
There was, it was further claimed, an alleged failure to properly assess the risk posed by the dog and in particular to those walking near the land and premises.
The little girl was left with scars on her scalp and upper neck at the back, but a plastic surgeon reported that all scars had matured, and no further surgery would be required.
Ms Justice Nuala Jackson approved the settlement.