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Europa Press
Friday, 18 October 2024, 16:11
A court in Seville has upheld a previous judgement which ordered a woman to pay 9,613 euros to a man for the injuries, after-effects and material damage suffered when he fell off his bicycle after being attacked by a dog she owned. The incident happened while the man was riding along a cycle lane in the town of Espartinas, Seville.
In a ruling issued last July and reported by Europa Press, a Seville court addressed an appeal by a woman against a previous judgement from the court in Sanlúcar la Mayor, which upheld a claim filed against her by the man and ordered her to pay him compensation of 9,613 euros.
In the claim upheld by the court with the aforementioned ruling, the male plaintiff pursued a civil liability action against the woman "for the injuries, after-effects, and material damages he suffered when he fell on 18 June 2020 while cycling along a lane designated for this type of vehicle near the A-8076 road, within the municipality of Espartinas, when he was attacked by a dog that the defendant was walking without a lead".
In upholding the claim and ordering the woman to compensate the injured party, the court declared that it had "been proven that the dog was owned at the time of the accident by the accused, and that the injuries and consequences are considered proven by the report submitted by the claimant".
In her appeal to the court against that judgement, the convicted woman alleged an apparent error of assessment of the evidence by the court, but the provincial court, after analysing the case, confirmed that "the witness statement and the fact that the defendant provided her details to the plaintiff were decisive, which amounted to an assumption of responsibility for the animal's actions".
"With regard to compensation for material damage, the plaintiff has provided sufficient evidence in the form of the documents provided with his claim, photographs showing the damage caused, together with the estimate for the repair of the bicycle and the invoice for the replacement of his glasses, showing the damage to be compatible with the incident that caused it, and the defendant did not provide any evidence that could disprove that fact", added the court of appeal.
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