Neeson v Acheson [2008] NIQB 12 (30 January 2008)

Neeson v Acheson [2008] NIQB 12 (30 January 2008)

The defendant is liable under the statutory duty for the dog attack, but the plaintiff's actions constituted contributory negligence, warranting a reduction of damages by one third.

Citation
[2008] NIQB 12
Parties
Plaintiff/appellant: Rose Neeson; Defendant/respondent: Alan Acheson
Jurisdiction
Northern Ireland
Judgment Date
30 January 2008
Procedural Posture
Personal Injury Appeal / Appeal From County Court
Outcome
appeal allowed in part
Legal Topics
Dog Attacks, Negligence, Contributory Negligence, Statutory Duty
Tort Law Statutory Liability Dog Attacks Negligence Contributory Negligence Statutory Duty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rose Neeson

Plaintiff/appellant

Alan Acheson

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From County Court

Legal Issues

  1. 1 Is the defendant liable under Article 29 and 53 of the Dogs (Northern Ireland) Order 1983 for injuries caused by his dog?
  2. 2 Is contributory negligence available as a defence under the statutory scheme?
  3. 3 Does volenti non fit injuria apply to the facts?

Ratio Decidendi

The defendant is liable under the statutory duty for the dog attack, but the plaintiff's actions constituted contributory negligence, warranting a reduction of damages by one third.

Court Disposition

appeal allowed in part

Orders

  • Award of £4,000 in general damages to plaintiff, reduced by one third for contributory negligence.