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Dog attack payout excludes witness trauma

A court has awarded damages for physical and psychological injuries following a dog attack but has rejected a bid for a payout over the trauma of witnessing the incident. 

The NSW District Court says victim Maria Ioannidis should receive $101,788 from dog owner Melissa Carretero, covering economic and non-economic loss, and expenses. 

Judge John Catsanos says the case centred on the nature and extent of damages recoverable under the NSW Companion Animals Act. 

The act says a dog owner is liable for bodily injury caused by an attack, and for damage to personal property. 

But Judge Catsanos has rejected the argument that the act’s definition of bodily injury includes the psychological trauma of witnessing the attack.  

He accepts Ms Ioannidis suffered post-traumatic stress disorder because of the incident. 

Ms Ioannidis was walking her shih tzu Lexi in Mortdale in 2020 when Ms Carretero’s greyhound Staffordshire bull terrier ran along the street unrestrained and mauled Lexi. 

Judge Catsanos describes it as a “violent and terrifying attack”. 

While Ms Ioannidis held Lexi, the other dog ripped Lexi’s paw off and bit Ms Ioannidis’ neck, chin, arm and legs. Fingernails were ripped off as she fell. 

Ms Ioannidis suffered anxiety after the attack, saying she struggled to walk outside with dogs, found it difficult to leave the house and could not work full-time. 

Read the judgment here.