In a court litigation that spanned 20 months

A mother requests 100,000 dirhams in compensation for a “dog bite”

• Muhammad Al-Awami Al-Mansoori: “As a result of the defendant’s action and his lack of control over his dog, the mother suffered material and moral damage.”

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The civil court decided in a legal debate, which lasted for about a year and eight months, due to a “dog bite” suffered by a Gulf girl, which prompted her mother to write a complaint against the owner of the dog who left the door of his cage open, then attacked and bit her daughter, and after looking into the penal part that ended with the ruling By convicting the owner of the animal and fined him 2000 dirhams, the mother filed a lawsuit before the civil court, demanding a material and moral compensation of 100,000 dirhams. After examining the papers, the court imposed a fine of 15,000 dirhams to the victim.

In detail, the incident began on November 24, 2019, when the attack occurred, so the mother wrote a report to the Rashidiya police station, in which she stated that the accused had endangered her daughter's life, as a result of leaving the cage door open. The right humerus, and the upper front of the right forearm, and caused her injuries that were included in the forensic report.

After investigating the incident, the Public Prosecution referred the accused to the Penal Court of First Instance, which sentenced him in his presence to a fine of 5,000 dirhams, so the Public Prosecution appealed the ruling. Then the verdict became final and final, as it was not appealed to the Court of Cassation.

For her part, the mother decided to transfer the case to the civil court, after settling the stage of the criminal justice, and her lawyer, Muhammad Al-Awami Al-Mansoori, confirmed that as a result of the defendant’s action, and his lack of control over his dog, the mother was subjected to material and moral damages. The injuries she suffered, their presentation to the medical centers and the continuous follow-up until her recovery, as well as the moral damages inflicted on the girl.

For his part, the defendant (the dog’s owner) submitted a memorandum, “at the conclusion of which he petitioned the court not to accept the case, to file it without any capacity, and its incorrectness or seriousness, as well as the lack of harm, demanding that the plaintiff (the mother) be obligated to pay fees and expenses and in return for fees, but decided The case management office referred it to the civil court, which examined it and issued its ruling.

In its ruling, the court affirmed that the mother has a capacity and has the right to request compensation for material and moral damages to her daughter, noting that the ruling issued to convict the defendant by the Penal Court has binding evidence before the civil court, and the latter must abide by the ruling in the search Civil rights related to it, so that its judiciary does not contradict the previous penal ruling.

She pointed out that according to Article 314 of the Civil Transactions Law, an act harmful to animals is the responsibility of the person who has control over them, whether he is an owner of them or otherwise.

And she explained that by applying the law to the facts of the case, we find that the Public Prosecution accused the defendant of endangering the life of the victim (the girl) by leaving the door of the animal cage open, which led to his exit and attacking the girl, causing her injuries. The civil court will determine the amount of compensation.

The civil court stated in its justifications that the plaintiff demanded compensation for material damages represented in treatment expenses, but the lawsuit papers were devoid of the value of the expenses incurred, so the court refuses to compensate her for material damages.

With regard to moral damage, the court considers that there is no doubt that the mother has suffered moral damage, represented in panic and fear for her daughter, so she is entitled to compensation in the amount of 15,000 dirhams, and obligated the defendant to pay fees and expenses and in return for attorney fees.

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