A court ruling has determined that a dog owner must pay 100% compensation for damages to a pedestrian who was injured after falling while trying to avoid a dog without a leash. [Image source=Yonhap News]
[Asia Economy Intern Reporter Kim Bong-ju] A court ruling has determined that a dog owner must pay 100% compensation for damages to a pedestrian injured after falling while avoiding a dog without a leash.
On the 15th, Judge Heo Yong-gu of the Daegu District Court Civil Division 21 announced a partial victory for plaintiff A (62), who filed a damages lawsuit against the dog owner after being injured when she fell trying to avoid a dog without a leash.
On April 11, 2018, at around 8:30 PM, A was injured with an eight-week recovery period after falling while avoiding a dog running toward her.
The dog, a Schnauzer breed approximately 50cm tall and 50cm long, ran outside without a leash while its owner, B, was parking and opening the car door.
In court, B argued, "The adult plaintiff overreacted by being startled and falling upon seeing a very small puppy," and added, "Since the dog neither bit nor physically contacted the plaintiff, at least 50% fault should be attributed to the plaintiff."
However, the court sided with A, stating, "It is a normal reaction for a 62-year-old woman to be startled, step back, or sit down when noticing a dog running at night, and even if she did not take defensive action, this cannot be considered the plaintiff’s fault or a cause of increased damages."
The court ruled, considering A’s pre-existing medical conditions before the accident, that the defendant must pay the plaintiff approximately 37 million KRW, corresponding to the full amount of pure medical expenses and consolation damages.
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