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Thread: Family Sues Over Fatal Dog Mauling ....

  1. #21
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    Oct 2010
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    Just too sad...........There will be some lawyer who has suggested for them to chase the money. Just like I had a car accident quite a while ago with severe injuries and I was chased by lawyers to sue the other Driver........They could not believe i was not interested, I just wanted to get on with life. They contacted me several times, until I suggested I would go to the cops if they continued. They were looking for money.

    Another experience I have had is that I left my dogs tied to a post, behind a counter at the Kennel Club, where they always are well out of the way. I have four dogs. I come back to them and there is a little girl sitting in the middle of them. She was cold
    Her mother had no idea where she was. She had gone through or over a gate that secures the area from the public and according to another person had been there for quite a while. Now my dogs love kids and any person. But who is to know. And where else or with who else could she have ended up.
    The mother did not seem to care or even phased. Even when I pointed out she could have been in danger. There are just some different levels of care.
    Pets are forever

  2. #22
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    May 2011
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    Gold Coast, Queensland
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    Quote Originally Posted by Hyacinth View Post
    DC

    So but not for the parents letting the child disappear for two whole hours, then nothing bad would have happened to the child.

    Given the parents had no clue where the child had gone - and she was not confined to a safe place by a secure fence etc - she could have gone to her demise in a large number of ways, not just by provoking the neighbour's dogs.
    Correct, that's where I spoke about contributory negligence. Their were contributions both way-but not for,-since learning about that I try to use the but not for in my own life and that of my dogs. Kind of comes down to choice+consequence

  3. #23
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    I tend to think of those as "if only", as in "if only" the parents had kept a better watch over their kid. And put that way - it can and does happen to many of us. Which is why it's best left as a horrible accident not a law suit.

    I try not to get too hung up on the "if only" i did something, I would have stopped the bad thing happening. It is a path to a miserable life.

  4. #24
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    Exclamation Principles - tort and personal injury law

    Quote Originally Posted by Hyacinth View Post
    I tend to think of those as "if only", as in "if only" the parents had kept a better watch over their kid. And put that way - it can and does happen to many of us. Which is why it's best left as a horrible accident not a law suit.

    I try not to get too hung up on the "if only" i did something, I would have stopped the bad thing happening. It is a path to a miserable life.
    but not for-foreseeabilty etc. It's the law. You seem confused about this. Your child suffers the same fate under the same circumstances, hypothetically speaking-Would you stand by your words with conviction? Perhaps this can help you grasp the idea that you can only control what you are capable of. You cannot change the law.

    But For definition:A test in tort law linking the tort and the damages (aka causation), which are stated as: "but for" the defendant's negligence, the plaintiff would not have been injured.

    Concept map - NegligenceA concept map is a way of sequencing, ordering or breaking down information into its constituent parts. It helps you to work out how a topic is put together and what areas you need to think about in order to analyse the topic.

    party individuals involved in a legal case
    duty of care legal obligation to be careful in circumstances where harm to another may occur
    tort civil wrong on a person caused by the actions of another person
    breach breaking / neglecting a legal obligation
    damages compensation in money to a party who has been wronged in a civil case
    liable the person who has been found responsible for a civil wrong
    sue to take legal action against another party in a civil dispute
    defences arguments / reasons put forward in a court by the defendant in a negligence case to reduce or avoid a pay out to the plaintiff
    reasonable person a person of normal intelligence and skill who should act in accordance with community standards
    remoteness the particular damage suffered by a plaintiff must be closely related to the defendant's actions
    causation the plaintiff must show that the damage suffered was a direct result of the defendant's actions
    proximity nearness or closeness
    foresee / foreseeable a reasonable person should realise the danger involved in certain actions
    likelihood whether or not injury is likely to occur in certain circumstances
    gravity serious nature of an injury due to the defendant's actions

    https://www.dlsweb.rmit.edu.au/lsu/c.../glossary.html
    Supreme Court : Negligence
    But For Definition
    Ho'neene'šeohtseva'e

  5. #25
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    Exclamation 'if only the council had enforced the legislation'

    Quote Originally Posted by Hyacinth View Post
    I tend to think of those as "if only", as in "if only" the parents had kept a better watch over their kid. And put that way - it can and does happen to many of us. Which is why it's best left as a horrible accident not a law suit.

    I try not to get too hung up on the "if only" i did something, I would have stopped the bad thing happening. It is a path to a miserable life.

    Family sues over fatal dog mauling Kim Arlington
    May 10, 2011

    Mauled to death ... Tyra Kuehne.

    A MAN whose four-year-old daughter was mauled to death in a dog attack is suing the local council for damages, claiming it failed to act on complaints about the risk posed by the dogs.

    The District Court heard the Wilson family kept six pig-hunting dogs in their backyard at Warren, 120 kilometres north-west of Dubbo, where Tyra Kuehne was attacked in June 2006 after wandering from her home nearby.

    It is believed Tyra was mauled by at least one or two dogs, mastiff or boxer cross-breeds. Tom Wilson found the girl fatally wounded in his yard. She died in hospital the next day


    The judge, Michael Elkaim, yesterday questioned why pig-hunting dogs were kept in the yard. ''It's not like they were a bunch of poodles,'' he said. ''These are trained killers.''

    At the time, the Companion Animals Act defined a dangerous dog, which could be subject to control requirements, as one that attacked or killed a person or animal without provocation, or repeatedly threatened to attack or chased a person or animal.

    The definition was expanded after Tyra's death to include dogs used for hunting. Other amendments impose a duty on officials to report dog attacks to councils.

    Tyra's father, Peter Kuehne, and her brother Dylan, 11, are suing Warren Shire Council for negligence, claiming it failed to use its authority to declare the dogs dangerous, or have Mr Wilson secure the dogs. They are seeking damages for shock.

    The court heard Mr Wilson's dogs roamed Warren's streets and two people had previously been bitten. A woman and her children were bailed up at their house and Mr Kuehne had phoned the council about the animals chasing his sons.A council ranger spoke to Mr Wilson numerous times about the dogs, giving him ''his last warning'' in May 2004.'

    The Kuehnes' barrister, Trevor Boyd, said a ''powerful tool to protect the citizens of Warren'' was available to the council, and had it enforced the legislation the accident would not have occurred. ***BUT FOR-CAUSATION***
    Robert Sheldon, SC, for the council, said while complaints were made about ''the Wilson dogs'', not every incident was reported to the council. The identity of individual animals was also an issue. ***FORESEEABLE***''What were these dogs doing in the backyard,'' Judge Elkaim asked. ''Ask [former NSW premiers] Mr [Bob] Carr or Mr [Morris] Iemma,'' Mr Sheldon replied. ''There was no law against them.''

    The case continues. References provided

    Fatal dog attack | Family sues

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  6. #26

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    Ding Ding..... We have a ....






































    Failure of comprehension!!!

    D_C not Hya....

  7. #27
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    Exclamation Council at fault? Duty of care?

    Quote Originally Posted by silvershadowwolf24 View Post
    Obviously the yard was no secure if the dogs needed to be chained up and the child could get in. The issue is not the child getting in to the dogs (although that's certainly very wrong too). The issue is that the owner KNEW the dogs were aggressive to people and were obviously not secure (in a fenced enclosure, etc). The parents are certainly the blame first and foremost. I just think the owner (or the council) should have done something about these dogs beforehand.
    You are correct as it is plain to see

    BOLD parts of quote demonstrate that it is foreseeable, former warnings were in place.

    I know of a very similar case including my grandson-pls see threads in General Forum Young boy mauled by Rottweiler | Fraser Coast News | Local News in Fraser Coast | Fraser Coast Chronicle Council in this particular case did not follow up on making sure that fencing and gate that rottweiller got out from were deemed safe and secure, thereby protecting the public.

    Council fined the owner in excess of $5000 to my knowledge, for something in which they themselves had failed to ensure. Council Lawyers want permission for Edens hospital records to be released, so that council can upgrade the fine! But for the council not going back as was ordered to make sure fencing and gates were safe, the trauma that Eden has suffered and most probable near fatality would not have occured. What does my grandson receive???? shock, trauma? You would not believe it- big fat zero! Permission for hospital records-DENIED!
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  8. #28
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    Is that a pic of your Grandson Dakota?

    I hope he is now ok.
    A pessimist sees the glass as half empty;
    An optimist sees the glass as half full;
    A realist just finishes the damn thing and refills it.

  9. #29
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    May 2011
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    Lightbulb Dog Maulings: Not always excused

    Quote Originally Posted by Anne View Post
    Is that a pic of your Grandson Dakota?

    I hope he is now ok.
    Yes, he is our grandson and thanks he is out of the wars now. Covers his ear with hair or hats, but has been psychologically affected as well as his sisters who witnessed the mauling. He gets hysterical if a dog comes towards him, including our own puppy Dakota whom was just 13 weeks when we went to visit over easter. By day 3 with dakota he was more relaxed as I taught him ways to use language and body language to deter dogs for now, until he gets over the trauma if ever.
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  10. #30
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    May 2011
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    phot of edens ear before the mauling
    Ho'neene'šeohtseva'e

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