A boy who was attacked by two Alsatian type dogs in a playground has settled a High Court action against a local authority for €60,000.
Sam Duffy was five when the incident happened as he played in the facility in Hillview housing estate in Wicklow town.
He was rushed to hospital where it was noted that he had a large wound to the scalp with the bone exposed and others to the left side of his mouth, cheeks and above his eye.
Maura McNally SC, instructed by Doran O’Toole solicitor, for Sam, told the High Court her client was left with a “multiplicity of scars” around his head and he had to have sutures inserted under general anaesthetic. Counsel said liability was fully in dispute in the case.
Sam, now aged 17, of Hillview, Wicklow town, had through his father, James Duffy, sued Wicklow County Council, the local authority responsible for the Hillview estate, over the incident on November 8th, 2009.
It was claimed that Same was suddenly and without provocation or warning savagely attacked by two adult Alsatian type dogs. which were put down after the incident. It was further claimed that in October 2010 another resident of the estate was convicted of an offence under the Control of Dogs Act.
Alleged telephone complaint
It was alleged that a telephone complaint had been made to the council in June 2009 about the dogs being kept at a property on the estate in an alleged breach of a lease agreement with the council.
It was further claimed there was an alleged failure to take steps, as the council was legally entitled to do, to ensure a danger of two large and potentially dangerous dogs did not exist on a housing estate the council controlled.
It was further claimed there was an alleged failure to ensure the playground was secured against the entry of potentially dangerous, uncontrolled or unsupervised dogs.
All the claims were denied, and council contended it was not aware that animals were being kept at a house in the estate and, if they were, it was not foreseeable that the boy would be attacked by the dogs and there was nothing the council could reasonably have done to prevent the incident.
Approving the settlement, Mr Justice Paul Coffey said the offer was fair and reasonable and he wished Sam all the best for the future.